beta
(영문) 광주지방법원 2015.11.04 2015고단3763

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From March 28, 2011 to April 25, 2011, the Defendant was hospitalized in the Dental Medical Hospital located in Gwangju-gu Gwangju-gu, as “the mouths of strict dust, salt pansium, and tension with the part of other growths” for 29 days.

However, in fact, the defendant did not receive proper treatment corresponding to the above name of the sick, and even if not hospitalized during the above period of hospitalization, there was no symptoms or minor.

Nevertheless, around April 26, 2011, the Defendant submitted a certificate of entrance and discharge to the victim Hyundai Marine Fire Insurance Co., Ltd. to the effect that “the Defendant was hospitalized for 29 days normally at the above hospital” and filed a claim for insurance proceeds, and the Defendant received insurance proceeds of KRW 1,670,000 from the above company around April 27, 201, and from around that time to April 18, 2014, the Defendant was hospitalized with false hospitalization over 24 times in total as shown in the list of crimes in the attached Form by the same method, and received KRW 7,685,020 from the victims.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of response statutes to requests for deliberation on the propriety of hospitalization;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations on the sentencing criteria: Basic area (where a person commits a deceptive act with negligence or a degree of deception is weak) of types 1 (less than KRW 100 million) in the case of the fraud committed in June through June, one year and June; and

2. Specific grounds for sentencing - reasonable grounds for sentencing: Defendant reflects the instant crime; Defendant no longer likely to repeat the instant crime after the termination of the insurance contract; and Defendant, the patient, is the instant crime.