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(영문) 대구지방법원 2016.07.22 2016고단1632

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant had been hospitalized for a long time on the ground of minor injuries or diseases that need not be hospitalized for a long time, using the subscription to 11 insurance contracts with 10 insurance companies.

On January 7, 2011, the Defendant was hospitalized for 25 days from that time to March 31, 201 on the ground that there was a disease, such as “stimulative growth symptoms” even though the Defendant did not need long-term hospitalization in light of the Defendant’s condition at the time, etc., and received KRW 1,377,207,07 in total from each of the victims of insurance, for the purpose of hospitalization expenses, etc., on March 17, 2011 from the damaged non-life insurance company, and received KRW 1,370,000 from the damaged non-life insurance company for the purpose of hospitalization expenses around March 17, 2011.

In addition, from that time until April 9, 2012, the Defendant received hospital treatment for a total of 121 days from a disease with no need for long-term hospitalization, such as as stated in the list of crimes in the attached Form by the same method, and received a total of 62,89,377 won from each of the following victims for the purpose of hospitalization expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Report on internal investigation (in the name of a suspect, attached to the current status of subscription to insurance), details of payment of hospitalization allowances, analysis of records of A medical obligations, summary, and average number of days of hospitalization, problems, list of tea analysis, list of hospitalization by period of hospitalization, list of hospitalization by diagnosis sick person, list of out-of-door hospitalization, distance from home to medical institutions, detailed records of each set, separate medical records, written resolution for payment of each insurance money, written application for each insurance contract, investigation report (in the case of being hospitalized by a person subject

G An oriental medical doctor H of a hospital shall be accompanied by a summary order), a request for cooperation in an investigation (request for confirmation of the number of days of proper hospitalization).

1. Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

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 62 of the Criminal Act: