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(영문) 창원지방법원 2017.11.03 2017고단2454

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From May 28, 199 to February 13, 2009, the Defendant subscribed 7 insurance companies with nine insurance products, such as school life, in sequence (the total monthly insurance premium of KRW 559,780). The Defendant, around January 31, 2008, on the same year from the day from the day of the same year as the D-type spine, etc. in Changwon-si Mapopo-si C. < Amended by Act No. 874, Jan. 31, 2008>

2. He was hospitalized for 23 days by the 22th day.

However, there was no need to rehospitalize the Defendant for a long period of time as it is possible to sufficiently treat the Defendant with pharmacologic treatment, physical therapy, etc. while performing outpatient treatment.

Nevertheless, on May 22, 2008, the Defendant submitted relevant documents as if he were inevitably hospitalized in the victim ING life, applied for insurance money, such as daily allowances for hospitalization, and received KRW 920,000 from the injured party. From that time until June 17, 2015, the Defendant received a total of KRW 96,630,000 from the injured party for an unnecessary long-term hospitalization for a total of 60 occasions, as shown in the list of crimes in the separate list of crimes, and received a total of KRW 96,630,000 from the injured party for insurance money.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of use of A's modern cards, and details of use of A's KB National Card;

1. Each medical records;

1. Terms and conditions of each A contract, the amount acquired by deceitation of each insurance company of each A, the list of crimes A, the written subscription for insurance, and documents for payment of insurance proceeds (A);

1. A medical advisory data, medical records analysis (A), response to a request for review on the propriety of hospitalization, the details of review on the appropriateness of A hospitalization period, the propriety of hospitalization (A), and the details of analysis of medical records (A).

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

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. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The defendant is hospitalized in excess of the proper number of days of hospitalization and has received the insurance money from the defendant.