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(영문) 울산지방법원 2017.12.14 2016고정860

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who purchased an insurance product operated by the victim’s Dong fire Co., Ltd. on October 26, 2006, which is an insurance product.

In the event of hospitalization at a hospital under the above insurance terms and conditions, the defendant paid the insurance money under the name of the days of hospitalization. On the other hand, the defendant was willing to receive the insurance money from the insurance company, based on the fact that the patient with minor injuries or diseases that need not be hospitalized in the "E convalescent hospital" located in Busan-gun, Busan-gun, could be hospitalized for a long time beyond the necessary period of hospitalization, and may claim the insurance money from the insurance company without actually receiving the insurance money by failing to undergo the hospitalized treatment by neglecting illegally

Accordingly, from October 13, 2014 to December 12, 2014, the Defendant was hospitalized in the above E-convalescent hospital under the name of the patient, such as malicious scars, etc., of which detailed identification was unknown for 61 days from October 13, 2014 to December 12, 2014, and the fact was that it was unnecessary to be hospitalized because it was sufficiently able to receive hospital treatment, and even if there was no idea of being hospitalized in the hospital, such as frequent outing and staying outside, etc., even if the hospital was hospitalized, the Defendant was found to have been hospitalized on December 15, 2014 as if he had been hospitalized normally during the above period of hospitalization, and filed a claim for the payment of the insurance proceeds with the victim’s Dongbu Co., Ltd., Ltd. along with the confirmation certificate of hospitalization discharge and the receipt of medical expenses. Accordingly, the victim was paid KRW 18,854,360, Dec. 18, 2014.

In addition, the Defendant, by deceiving the victim company by the same method, received total of KRW 24,734,360 as stated in the list of offenses in the attached Form in that time.

2. Determination:

A. The term “hospitalize” means continuous observation by a medical personnel in relation to the side effects or incidental effects of drugs, which have very low resistance to or are administered by the patient’s disease.