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(영문) 부산지방법원 2016.07.13 2015고단7262

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the Defendant subscribed to the “Wol Social Integration Insurance” of the Victim Tropical Life Insurance (State) and the “Walp Integrated Insurance 13.0 (H)” of the Victim Samsung Bio-resources (State), the Defendant was willing to obtain a large amount of insurance proceeds by deceiving the disease that does not require hospital treatment, as if he were hospitalized, by exaggerationing the disease requiring hospital treatment.

On August 6, 2014, the Defendant pretended that the Defendant was hospitalized for 118 days in the Fvalescent Hospital located in Busan, Gun, for 19 days, for the purpose of “meatium, telegraph dropout, and right shoulder pain treatment” in the Fvalescent Hospital from around November 6, 2014 to around November 24, 2014, the Defendant was hospitalized for 118 days in the D Hospital.

However, the Defendant did not have any health condition that requires hospital treatment, and even during the period of hospitalization, the Defendant did not receive substantive hospital treatment, including from time to time going out and staying outside.

Nevertheless, around December 10, 2014, the Defendant submitted a written confirmation of release from entry and a written claim for insurance money to a staff member in charge of the victim Samsung Bio-resources, and was hospitalized into a disease where the hospitalized treatment was essential. As if the Defendant actually received normal hospitalized treatment, the Defendant deceiving the victim as if he received KRW 6,468,816 from the injured party for the same day as the insurance money, and received KRW 21,578,779 in total from the victims over 12 times during the period from around that time to May 8, 2015, and received KRW 21,578,779 in total as the insurance money as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Analysis of medical records;

1. The details of communications;

1. Application of Acts and subordinate statutes to each certificate of discharge for admission, each insurance claim, each statement of medical expenses, each statement of medical expenses, and each statement of medical expenses;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.