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(영문) 서울남부지방법원 2016.09.09 2015고정2498

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, without having to undergo continuous management and observation of medical personnel for the purpose of receiving insurance money, such as expenses for hospitalization and medical treatment, received hospitalization for a hospital which is easy to be hospitalized by a hospital at home, or even if it is necessary to receive hospitalization, for a long time, received hospitalization for a long time, and then submitted documents necessary for receiving insurance money, such as a certificate of hospitalization and a medical certificate stating as if he/she had received adequate hospitalized treatment at the time of discharge, to each insurance company for receiving insurance money.

On April 10, 2012, the Defendant claimed insurance proceeds as if he had received normal hospitalized treatment for a total of 25 days on the grounds of three life insurance in the future, from February 28, 2012 to March 23, 2012, and other congrative signboards impairment in Gangseo-gu Seoul Metropolitan Government D.

However, the symptoms of the defendant at the time were not hospital treatment, but only hospital treatment can achieve the purpose of hospital treatment. In fact, the defendant only received hospital treatment, and did not receive proper hospital treatment, such as from time to time, from time to time.

As such, the Defendant, by deceiving the victim’s future life insurance, received KRW 250,00 as insurance money from the injured party on April 12, 2012, and received KRW 20,115,810 in total over 23 times from around that time to May 15, 2013 in the same manner as the list of crimes in attached Form 23 times.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H and I;

1. Analysis of medical records, the records of hospitalization and treatment, and the application of Acts and subordinate statutes on diagnosis and treatment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;