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(영문) 대구지방법원 2018.02.02 2017고단6183

사기

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant from April 23, 2010 to the same year.

5. From the date of April, 14, 100 insurance companies, including Lone Insurance Co., Ltd., and 12 insurance companies, subscribed to 12 insurance contracts (a total of 545,441 won per month). The Defendant knew that, if the Defendant was hospitalized due to a disaster or disease, he/she may receive a certain amount of insurance proceeds from the victim company per day of hospitalization according to each insurance contract. The Defendant, despite the fact that the Defendant was able to receive a certain amount of insurance proceeds from the victim company per day of hospitalization only with drugs or physical therapy, was a disease that can be treated only, or that requires a long-term hospitalization, was a disease that does not require a long-term hospitalization,

The Defendant was hospitalized for 23 days from July 9, 2010 to July 31, 2010 in Msan City C’s 4th floor, D hospital located on the fifth floor of Msan City to Msan City’s 23th floor, such as catitis, catitis, and so on.

However, in fact, the Defendant did not need to be hospitalized for a long time as it is possible to sufficiently treat them due to pharmacologic treatment, physical therapy, etc. while performing outpatient treatment.

Nevertheless, on December 6, 2010, the Defendant submitted relevant documents as if he/she was inevitably hospitalized in AIG life, and claimed insurance money, such as daily allowances for hospitalization, and received KRW 480,000 from the injured party on the 24th day of the same month. From that time to June 4, 2015, the Defendant was hospitalized for a total of 52 times as indicated in the annexed crime list from June 4, 2015, and received KRW 341,814,938 in total as insurance money from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (suspects' additional data on claim of insurance proceeds, 2015);

1. On the basis of recognition as A and two other (ING life insurance), overlapping data on analysis of hospitalization, claims for insurance proceeds, details of payment, etc. (A case, the Financial Supervisory Service), medical records analysis (A), and the request for review as to whether hospitalization treatment is appropriate.