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(영문) 전주지방법원 군산지원 2016.11.29 2016고단855

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

After the Defendant bought a large number of insurance products in excess of economic ability, even though it is possible to receive medical treatment without requiring hospital treatment, the Defendant concluded an insurance contract with 10 insurance companies, such as victims’ teaching life, etc., by receiving insurance money under the name of medical expenses, hospitalization expenses, etc. by means of being hospitalized for a longer period than the period required for actual treatment, or repeating entry and discharge.

Around June 5, 2008, the Defendant began to receive hospitalized treatment under the name of ward, such as acute reciting infection and chronic dyeitis. Even if the Defendant was hospitalized for the purpose of preserved treatment and observation of progress due to the symptoms complaining for about 14 days, he was hospitalized for about 14 days, but he was hospitalized for about 29 days until July 3, 2008, and claimed insurance money for AIG non-life insurance from July 3, 2008, and received KRW 7,113,537 in total from July 3, 2008 to July 22, 2015, and then received KRW 181,48,000 from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Responses to requests for deliberation on the propriety of hospitalization;

1. Application of the details of Defendant insurance coverage, current status of insurance accidents, statement of medical expenses, receipt for hospitalization, current status of hospitalization period, and statutes governing nursing record paper;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact of the crime under Article 62(1) of the Criminal Act is recognized and reflected, and the total amount of fraud is KRW 180,000,000,000, which is converted into the annual unit by means of the fraud by installments for nine years, which is the period of the crime, the maximum annual amount is only 40,000,000, and the defendant is a person with a physical disability who loses the right arms and suffers from acute dystrophyitis around 2009, and it was difficult to engage in economic activities.