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(영문) 인천지방법원 2020.04.22 2019고단9637

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who works as the director of the headquarters from the "C Council member" in Bupyeong-gu Incheon Metropolitan City.

The Defendant publicizeds to the effect that “in case of hospitalization, the Defendant would have the patient receive insurance money from the insurance company to which the patient was a party,” and had the patient register with the patient who does not have to be hospitalized at a hospital, and had the patient receive money from the National Health Insurance Corporation by borrowing it.

On June 7, 2017, the Defendant issued false hospitalization documents to 13 persons including D, etc. from June 7, 2018 to 11,475,065 won in total from victims by allowing D, as if D had received hospitalized treatment, by issuing hospitalization documents, such as a written confirmation of hospitalization discharge and receipt, as if D had received hospitalized treatment, and allowing D to receive 300,000 won per day of hospitalization by claiming insurance money for victim E-insurance as if D had received hospitalized treatment.

As a result, the defendant acquired insurance proceeds from a third party by an insurance fraud act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or F;

1. The police statement concerning G;

1. Each statement of H and I prepared;

1. Investigation report (a copy of interrogation protocol, etc. scheduled to be separated or transmitted);

1. Details of payment of insurance proceeds and claim for insurance proceeds;

1. A copy of each medical record, etc., of 48 false hospitalization (J,K, L, M, N,O, P, Q, R, S, T, and D);

1. A copy of records of physical therapy, 48 false hospitalization;

1. Each insurance claim of 48 false hospitalization (J,K, L, M, N,O, P, Q, R, S, T, and D);

1. Results of case search, summary order, and application of the law of the list of crimes

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on the Prevention of Insurance Fraud, and Article 30 of the Criminal Act.