beta
(영문) 의정부지방법원 2014.06.19 2014노365

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant received hospitalized treatment for 19 days during which he did not receive proper hospitalized treatment while being hospitalized; and (b) did not have any injury to the extent necessary for hospitalized treatment; and (c) filed a claim for insurance proceeds with the victim for this reason; and (d) thus, the Defendant was guilty.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged is erroneous.

2. Determination

A. The summary of the facts charged of the instant case [main facts charged] The Defendant, after purchasing compensation insurance for disease, injury, etc., submitted relevant documents, such as a hospital diagnosis, certificate of entrance and discharge, receipt for hospital expenses, etc., to an insurance company affiliated with the instant insurance company, with the intent of acquiring insurance proceeds by fraud, with the knowledge that the payment of insurance proceeds, such as medical expenses and daily allowances for hospitalization, etc. paid within the hospitalization period, was made in excess of the ice page, from January 19 to January 2012.

2. up to June of each week, D and E couple’s “F Councilor” operated by each of the married couples in Pakistan was hospitalized for 19 days.

However, the Defendant, while staying in the hospital for 19 days during the period of hospitalization, was hospitalized with Franchisium, was under medical treatment, and the number of times of diving was frequently 12 times (7 days during which he was staying in the hospital) and was hospitalized.

Nevertheless, the Defendant, while staying in the above FDB hospitalization room during the period of hospitalization, is regarded as being an in-patient requiring continuous observation by a doctor, calculated the medical expenses presented in the FDB’s perspective, and received a written confirmation of hospitalization and discharge, a written diagnosis, and a receipt of medical expenses, etc., which are the documents of hospitalization, and received KRW 800,000 as insurance money on March 30, 2012.

In addition, the defendant received related documents such as a certificate of admission and discharge as if hospitalized as shown in the attached list of crimes, and one insurance company for KRB life.