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(영문) 부산지방법원 2017.10.13 2016고단7464

사기

Text

1. Defendant A shall be punished by imprisonment for a period of eight months;

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s insurance fraud, as a person with no certain occupation, did not have any property under the name of the Defendant A, was concentrated on the insurance products that guarantee the daily amount of hospitalization at the time of hospitalized treatment, including the purchase of six insurance products from October 5, 2005 to six insurance companies (218,220 won each month’s insurance premium), etc., and was committed with intent to receive the insurance money by applying for daily amount of hospitalization, etc. to the insurance company for hospitalized treatment, even though there is no need for hospitalized treatment.

Defendant

A from July 25, 2015 to July 30, 2015, was hospitalized in the "J convalescent Hospital" located in Jung-gu, Busan, due to the influence in detail for six days from July 25 to July 30, 2015.

However, the facts are that Defendant A did not have symptoms, so it was sufficient to provide outpatient treatment only, and Defendant A did not receive proper hospitalized treatment, such as from time to time during the duration of hospitalization and viewing personal duties.

Nevertheless, around July 30, 2015, Defendant A submitted relevant documents, such as a written confirmation of hospitalization discharge, etc., and applied for insurance money such as daily allowances for hospitalization, and received KRW 500,000 from the said victim’s insurance company for the same day.

Defendant

B From January 1, 2008 to July 30, 2015, A received KRW 227,473,665 in total as insurance money from the victim Hyundai Sea, K (KB), Non-Life Insurance Co., Ltd. (hereinafter “LIG damage”) (hereinafter “LIG damage”), post office, and EIG non-life insurance Co., Ltd. (hereinafter “AIG damage”) in the same manner over a total of 131 times, such as the daily list of crimes (A).

[In this regard, Defendant A/Defense Counsel for this case is the defendant who suffers from mental disorders and physical disorders on his/her own because he/she was unable to lead a normal life on his/her own because of the symptoms of paralysis.