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(영문) 인천지방법원 2015.04.30 2014고단6029

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

The Defendant, even though there is no need to receive hospitalization, was hospitalized for a longer period than the actual period of hospitalization, and was issued a written confirmation of hospitalization, accompanied by this, led to deceiving the victim insurance company by claiming insurance proceeds from the victim Samsung Life Insurance Co., Ltd., thereby receiving insurance proceeds from the victim insurance company.

Around September 6, 2012, the Defendant hospitalized G Hospital located in the Namdong-gu Incheon Metropolitan City F for 42 days, such as “insulgic sulinal gymosis accompanied by machopathosis,” but the fact did not require long-term hospitalization, and was engaged in daily life outside the above hospital.

Nevertheless, around October 17, 2012, the Defendant claimed insurance money by attaching a certificate of hospitalization, etc. issued by the above hospital to the victim Samsung Life Insurance Co., Ltd., and received KRW 3,950,000 from the victim Samsung Life Insurance Co., Ltd. on October 24, 2012 and received from the victim Samsung Life Insurance Co., Ltd. the remittance of KRW 3,950,000 from around September 3, 2013 in the same way until September 3, 2013.

Accordingly, the defendant was given property by deceiving the victim insurance companies.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H’s legal testimony (including the statement that the Defendant prepared a nursing record book regardless of whether the Defendant was actually in the sick room at the time of the Defendant’s actual condition or the doctor’s reply; the Defendant was hospitalized in the sick room when he was hospitalized in the beginning, but the remainder was inside the sick room, and the Defendant did not come later and did not come later)

1. The recording file of the witness I for the witness I, a copy of the police statement of the I for the witness I (including the statement of the court that the defendant was not at a hospital, and was almost rare, and the Handphones and the police statement that the defendant was at the police station with a false female hospitalized patient);

1. To the witness J.