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(영문) 광주지방법원 2017.11.16 2017고정1476

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around December 15, 2016, the Defendant received a certificate of entrance and discharge, medical expenses, receipt, etc. stating that the Defendant was hospitalized in the relevant hospital, even though there was no fact that the Defendant had received the hospitalized treatment at the relevant hospital due to the 15th day from November 23, 2016 to December 7, 2016, and submitted a written claim for payment of insurance money and a written confirmation of hospitalization to the victim Samsung Fire Insurance Co., Ltd., and received KRW 300,000 from the victim Samsung Fire Insurance, and KRW 1,970,480 from the victim Samsung Fire Insurance Co., Ltd. on the 20th day of the same month and received KRW 2,70,480 in total from the Defendant’s No. 3 (D) account in the name of the Defendant.

Accordingly, the Defendant acquired the total insurance amount of KRW 2,270,480 by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. All copies of documents claiming insurance proceeds and paying insurance proceeds (shot damage, Samsung fire);

1. Medical records and the place of nursing;

1. A certificate of hospitalization;

1. Application of Acts and subordinate statutes on telephone details;

1. Relevant Article of the Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Fraud in Insurance Contract (Selection of Penalty Surcharge)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;