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(영문) 창원지방법원 2014.06.27 2014고단561

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Judgment of the court below] Although the defendant did not have any particular income due to bad credit standing, he received insurance money from the insurance company due to frequent hospitalization from the post office on December 15, 2004, such as 56,300 won of the monthly insurance premium, 38,500 won of the monthly insurance premium on May 30, 2005, 41,560 won of the monthly insurance premium on May 15, 2007, HOW-MUCH. However, although the defendant continued to subscribe to the Health Insurance, he received insurance money from the insurance company due to frequent hospitalization from the post office on November 6, 2006 to the date of the same month.

【Criminal Facts of Crimes】 The Defendant listened to the lawsuit that the E Hospital located in D at Kimhae-si in the operation of C is free from hospitalization and outing for the purpose of patients’ clean and convenience, and was hospitalized in the above hospital on January 24, 2009 through 10 days from January 24, 2009 to February 2 of the following month and received a simple video-line treatment on a intermittent basis.

However, as there is no particular treatment in addition to the simple treatment of facts, the defendant was unable to frequently stay in the sick room due to the absence of any other treatment.

Nevertheless, on February 3, 2009, the defendant submitted relevant documents as if he/she was inevitably hospitalized in the victim's school life life, and applied for insurance money, such as daily allowances for hospitalization, and the same month from the victim.

3. Along with the receipt of KRW 210,00, from around that time to September 18, 2012, a person received KRW 27,556,30 in total as insurance money from the victim insurance companies and acquired KRW 27,55,30 from the victim insurance companies by means of unnecessary surgery or unnecessary long-term hospitalization, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes on response requests for review, such as a medical record analysis sheet and the propriety of hospitalization medical treatment;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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