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(영문) 광주지방법원 목포지원 2017.11.10 2017고단970

사기

Text

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

Reasons

Punishment of the crime

Although it is necessary to be hospitalized by using opportunities for multiple insurance coverage, the defendant was hospitalized in a hospital for a longer period than necessary period, and he was willing to claim insurance money from the insurance company and obtain it by fraud.

On March 5, 2008, from around March 19, 2008 to March 19, 2008, the Defendant hospitalized the Defendant for 15 days at C Hospital located in Heposi B, and “patum urine damage, etc. with no blood transfusion or chronical flasing, etc.,” and issued a written confirmation of hospitalization, and received a written confirmation of hospitalization on April 1, 2008, and received hospitalized treatment at the hospital as if he received hospitalized treatment at the hospital, the Defendant claimed insurance money with three life insurance company along with a written confirmation of hospitalization.

However, the above disease of the defendant was a relatively minor disease that does not require hospital treatment for up to 15 days.

Nevertheless, the Defendant: (a) by deceiving a person in charge of payment of insurance money in the name of the victim company; and (b) received KRW 825,000 as insurance money from the victim on April 4, 2008; and (c) thereafter, from that time to December 8, 2015, the Defendant was paid KRW 224,805,073 in total as insurance money by being excessively hospitalized 61 times as shown in the list of crimes committed by the victim from December 8, 2015.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Matters concerning subscription and payment by insurance company, results of review on the propriety of hospitalization and treatment, cell phone calls (the details of hospitalization), details of cell phone calls (the details of hospitalization, evidence Nos. 45 through 47), details of each card use (the details of hospitalization, evidence No. 45 through 47), account transaction details, A Accident A, the current status of hospitalization by diagnosis, details of hospitalization by hospital, absence of records of hospitalization by hospital, summary of records of diagnosis and treatment, details of examination, results of analysis of records of medical treatment, results of analysis of records, medical records, insurance claims and all documents of payment;

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 Code of Aggravation of Concurrent Crimes;