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(영문) 서울중앙지방법원 2020.06.25 2019가단5058953

부당이득금

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1. The Defendant’s KRW 21,892,308 with respect to the Plaintiff and KRW 5% per annum from October 17, 2013 to June 25, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff is mainly engaged in life insurance business. The defendant is a policyholder who has purchased several insurance products from several insurance companies including the plaintiff.

B. Around October 9, 2009, the Defendant received the Defendant’s hospitalization and insurance money from D Hospital located in Ansan-si C, and received KRW 48,050,000,00 from the Plaintiff in total as stated in the status of unfair insurance proceeds in attached Table 1 for the purpose of hospitalization and treatment from around October 29, 2009, after being hospitalized for more than 14 days up to October 22, 2009, in order to avoid insurance money due to excess hospitalization, despite the proper hospitalization for 7 days, and at around October 29, 2009, the Defendant received KRW 1,100,000 as the insurance money for the day of hospitalization from around that time to October 16, 2013.

C. Criminal punishment against the defendant

1. Defendant B was hospitalized in the D Hospital located in Ansan-si, Gyeonggi-do as of October 9, 2009 under the name of disease, such as satise, satise, tension, etc., at the D Hospital located in Ansan-si, Gyeonggi-do. Although the 7-day hospital was adequate, Defendant B was hospitalized in total for 14 days until October 22, 2009 in order to get out of insurance money due to excess hospitalization, and received insurance money from three insurance companies, such as the victim E, for the period from around that time to October 21, 2013 by claiming insurance money from the victim E as of October 29, 2009, and received insurance money of KRW 1.1 million as of the day of hospitalization.

Accordingly, the above defendants received each property by deceiving the victims.

In relation to the act of Paragraph 2, the Defendant was indicted for fraud by the Gwangju District Court 2016 High-Ma1816, and on December 7, 2017, the above court sentenced the Defendant to a suspended sentence of two years for six months for the following crimes.

A prosecutor shall make a judgment above.