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(영문) 창원지방법원 2015.07.08 2015고단32

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 26, 2008, the Defendant subscribed to the “AI 14,540 won of monthly insurance premium,” the “AI 13,110 won of monthly insurance premium,” the “AI 14,540 won of monthly insurance premium,” and the “AI 14,540 won of monthly insurance premium,” around March 24, 2010. < Amended by Presidential Decree No. 22190, Mar. 31, 2010; Presidential Decree No. 22190, Mar. 31, 2010>

On July 16, 2010, the Defendant was diagnosed by the left-hand slots, cump salt, etc. at a hospital located in Kimhae-si, Kimhae-si, and was hospitalized for 21 days from the same day to August 5, 2010, and received drug treatment, physical therapy, etc.

However, in fact, the Defendant did not have any impediment to his/her operation, and at the time, did not have to keep the progress after being hospitalized. Moreover, even if the treatment received during his/her hospitalization is merely a mere pharmacologic and physical therapy, so it was possible to be treated for a long period of time without sufficient pain treatment, the Defendant filed an application for insurance money, such as daily allowances for hospitalization, by submitting relevant documents as if he/she inevitably hospitalized the victim AI non-life insurance on August 9, 2010, and received 630,000 won as insurance money from the victim around August 12, 2010, from that time until September 13, 2012, the Defendant received total sum of 49,418,181 won as insurance money from the victims in total as stated in the attached list of crimes from September 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of medical advice and analysis records, appending problems of the Council members and National Statistical Office, attaching insurance coverage and payment details, and the result of executing a warrant for tracking, searching, and verifying financial accounts);

1. Data of insurance companies A:

1. Application of A analysis data 1, 2, and 2;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;