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(영문) 창원지방법원 마산지원 2018.01.17 2017고단411

사기

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Despite the fact that the defendant continued to join the existing insurance contract from August 6, 2008 to September 23, 2008, he purchased 7 insurance companies such as the victim's limited liability insurance company and 13 insurance companies.

Despite the fact that the Defendant was not a disease that may be treated for a long time, the Defendant had been hospitalized for a long time with multiple insurance coverage.

From February 4, 2010 to February 26, 2010, the Defendant hospitalized from the members of the Dental branch in Changwon-si Masposi, Changwon-si, to the following hospital name for a total of 23 days, and filed a claim for insurance money against the victim Korean-style life insurance company, etc. for a total of 12 times from February 26, 2010 to March 8, 2010.

However, the defendant did not need continuous observation of medical professionals or continuous administration and treatment of drugs, and therefore there was no need for long-term hospitalized treatment.

Nevertheless, the Defendant: (a) deceiving the Victim Hansung Life Insurance Co., Ltd. as above; (b) received KRW 200,000 from the said victim as the daily insurance money for hospitalization around February 26, 2010; and (c) received KRW 200,000,00 from the said victim company as the name of the daily insurance money for hospitalization around February 26, 2010; and (d) received KRW 376,593,450, total insurance money from the victims as stated in the attached list of crimes, after having been hospitalized for a total of 704 days from February 4, 2010 to February 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Review of the propriety of hospitalization;

1. A written petition;

1. Reporting on the results of analysis of information on suspicion of insurance proceeds, and details of payment of insurance contracts and insurance proceeds;

1. Application of Acts and subordinate statutes on details, mandatory records, and analysis of financial transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.