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(영문) 제주지방법원 2017.02.08 2016고단2209

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

From November 2005 to April 2010, the Defendant subscribed to five insurance contracts with four insurance companies, such as the Victim KDB Life Insurance (State), East Life Insurance (State), LIG Non-Life Insurance (State), and Korean Commercial Non-Life Insurance (State), etc., and was diagnosed by five insurance companies, such as a letter box box, kne-skne-shacking symptoms, etc., and was able to receive hospital treatment or short-term hospital treatment, however, the Defendant was able to obtain hospitalization daily allowances from the above victim insurance companies, to which the Defendant joined by false hospitalization, despite being able to receive hospital treatment or short-term hospital treatment.

Therefore, the Defendant, from December 14, 2010 to January 4, 2011, at the D Hospital located in C in Sinpo City during a 22-day period, could be provided with pain treatment or short-term hospitalization under the name of the head of the hospital. However, the Defendant submitted a written confirmation of hospitalization discharge, diagnosis, and demand for payment of insurance money issued by the said hospital to the victim KRB life insurance (the State) around January 4, 201, for the purpose of receiving insurance money for daily hospitalization daily admission for which the Defendant joined.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 380,00 from the victim as a daily allowance for hospitalization, and acquired it by defrauding it, and received insurance money of KRW 56,495,437 in total over 98 times from January 4, 201 to November 10, 2014 by the same method as indicated in the list of crimes in the attached Table of crimes, as shown in the list of crimes, from January 4, 201 to November 4, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. A written petition;

1. Answer to a request for deliberation on the details of telephone calls and the propriety of hospitalization treatment;

1. Application of Acts and subordinate statutes concerning medical analysis and advisory data, and insurance proceeds claims;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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. The scope of sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is recommended in accordance with the sentencing guidelines.