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(영문) 광주지방법원 2020.02.05 2019고단4716

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant had not received hospitalized treatment at a hospital in the Dong-gu, Gwangju under the name of ward, such as 15 days from April 9, 2018 to February 23, 2018, under the name of ward, such as knee knee snee mae

Nevertheless, the Defendant, around April 23, 2018, received false certificates of entrance and discharge, receipt of medical expenses, etc. to the effect that he/she was hospitalized in the above hospital during the above period. On the same day, around April 24, 2018, the Defendant deceiving the victim by submitting them to each insurance officer of the victim E company and around May 24, 2018, and received KRW 120,000 from the victim D company, KRW 90,000 from the victim E company, and KRW 60,000,000 from the victim E company, around May 24, 2018, from the victim F company to the agricultural bank account in the name of the Defendant (G) around February 15, 2019, and received KRW 120,000 from the victim E company and received KRW 370,000 from the victim company under the above method as stated in the list of offenses from around February 15, 2019.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Documents on the defendant's insurance claim and payment;

1. Application of Acts and subordinate statutes, such as the sending details of suspect mobile phones;

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on the Prevention of Insurance Fraud, and the Selection of Imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - The fact that the defendant has recognized his/her mistake - the unfavorable circumstances: the defendant has been punished for the same kind of crime, such as being punished for insurance-related fraud in 201, and has not agreed with the victim