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(영문) 창원지방법원 2017.06.21 2016고단4384

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On Nov. 15, 2006, the Defendant subscribed to the “(free) Nowho comprehensive Guarantee II” containing a contract terms to receive insurance money per day of hospitalization due to an injury to the victim Dongyang Life Insurance (State), and respectively, subscribed to the same product as merts fire, interesting life, ING life, agricultural cooperative life, and AIA life insurance.

Based on the fact that the Defendant is able to receive hospitalization insurance money from an insurance company with respect to the insurance products that he/she was hospitalized for reasons of disease, etc., the Defendant was able to receive hospital treatment with respect to the patient’s symptoms, such as cryptitis, urology, high blood pressure, and liver disease. However, although it is possible to provide sufficient treatment due to pain treatment or a small number of hospitalization, he/she was transferred to the hospital, and claimed insurance money from the victim’s insurance company for a long-term hospitalization, and then he/she was able to receive insurance money from the victim to obtain money in the name of insurance money

On March 18, 2008, the Defendant: (a) at the F Hospital E located in the window of Changwon-si on March 18, 2008, the Defendant complained of pains by falsely or exaggerationing the symptoms, such as chronic dystypitis, to the doctor in charge; (b) from that time, he was hospitalized in the hospital for about 14 days until April 17, 2008; and (c) subsequently, on April 18, 2008, filed a claim for insurance money with the victim merz fire; (d) obtained KRW 930,024,030 as the daily day of hospitalization on April 18, 2008; (e) obtained KRW 1,024,030 for the treatment of illness; and (e) obtained the money from around that time to June 21, 2016 to receive KRW 267,167,680,680 from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the current status of payment of insurance proceeds and investigation;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes shall be mitigated by classification.