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(영문) 전주지방법원 군산지원 2017.03.24 2016고단1081

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 16, 2007 to September 9, 2010, the Defendant respectively entered four insurance products in four places, such as “HgGh5 health insurance of a victim interesting life insurance company,” respectively.

On September 13, 2010, the Defendant pretended to have hospitalized treatment in the name of “D convalescent Hospital” located in Gunsan-si C, a minor injury, requiring a long-term and long-term hospitalized treatment, and only for the short-term hospitalized treatment. However, on October 4, 2010, the Defendant deceptioned the victim by claiming insurance money, along with a written confirmation of false admission and discharge issued by the said hospital, for 22 days from around that time.

The Defendant received KRW 1,330,00 from the injured party on October 18, 2010 as insurance money, and received KRW 111,348,155 in total from around that time to around November 10, 2015, as stated in the list of crimes in attached Form 150 from around that time.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Responses to requests for deliberation on the propriety of hospitalization;

1. Application of Acts and subordinate statutes to copies of treatment records;

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the Defendant appears to have been in need of hospitalized treatment for a certain period of time, the fact that he/she recognized his/her mistake during the prosecution investigation process, and the Defendant’s age, sexual behavior, etc.) or above.