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(영문) 광주지방법원 2015.05.20 2014고단4802

사기

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 10, 2009 to October 16, 2009, the Defendant subscribed to 21 insurance products sold by 17 damaged companies, such as Green Damage Insurance for eight months from the date of purchase of 21 insurance products, which were sold by the victim, including Green Damage Insurance, and attempted to acquire insurance proceeds by means of receiving insurance proceeds by means of fraud using the fact that hospitals were easily hospitalized at the patient's request even if there is no objective basis for symptoms.

From November 4, 2009 to November 17, 2009, the Defendant hospitalized the D Hospital located in Gwangju-gu, under the name of the “eatum base” of the 14th day from November 4, 2009.

However, even without being hospitalized, there is no or minor symptoms as much as there is no impediment to daily life.

Nevertheless, around November 17, 2009, the Defendant submitted a written confirmation of release from entry to a hospital to the effect that “the victim was hospitalized for 14 days at the above hospital” with respect to the victim’s neighborhood damage insurance, and filed a claim for insurance proceeds, and the Defendant received KRW 280,000 from the victimized company as the insurance proceeds around November 20, 2009.

The Defendant, including that, from around 16 to April 23, 2013, by deceiving 17 damaged companies, such as Green Damage Insurance, etc., in a total of 16 times from around 2013, and was paid from the victimized companies totaling KRW 126,504,930.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Current status of insurance coverage, status of accompanying hospitalization, list of hospitalization, list of accidents (A), and current status of payment of F family insurance money;

1. Application of Acts and subordinate statutes to replys to medical advisory meetings, appropriate days of hospitalization, and the result of medical advisory services;

1. Article 347 (1) of the Criminal Act concerning the facts constituting the crime (including each victim insurance company);

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: