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(영문) 창원지방법원 2018.09.19 2017고단2569

사기

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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

Reasons

Punishment of the crime

On April 23, 2007, from around April 23, 2007 to April 4, 2008, the Defendant subscribed three insurance companies in sequence to three insurance products, including Korean Commercial Life.

The defendant, on March 24, 2008, has the same year from the same date as the escape certificate, etc. of a conical signboard at E hospital located in Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City.

4. A person was hospitalized for twenty-seven days until September 19 and received medical treatment;

However, there was no need to rehospitalize the Defendant for a long period of time as it is possible to sufficiently treat the Defendant with pharmacologic treatment, physical therapy, etc. while performing outpatient treatment.

Nevertheless, around April 23, 2008, the Defendant submitted relevant documents as if he were inevitably hospitalized in the victim’s Mtsz fire, applied for insurance money, such as daily allowances for hospitalization, and received KRW 983,220 from the injured party. From that time until March 17, 2015, the Defendant received a total of KRW 102,290,556 from the injured party for a total of 37 occasions as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Responses to requests for deliberation on the propriety of hospitalization, investigation reports (referring to the analysis of monetary details), medical analysis of medical records, claims for insurance proceeds, and documents concerning payment of insurance proceeds;

1. Application of the relevant Acts and subordinate statutes as a result of factual inquiries about Galpathy;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Frauds in Type 2 (at least KRW 100 million, but less than KRW 500 million) (at least two to six years of imprisonment): Where a special sentencing person has repeatedly committed a crime over a considerable period (at least two years to six years of imprisonment), if a person is subject to special sentencing for a considerable period (at least two years to six years of imprisonment), or where a person is not subject to punishment [decision of sentence] Insurance fraud that obtains unjust profits by abusing insurance contracts, is subject to damage to good insurance policyholders.