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(영문) 광주지방법원 2018.05.16 2018고단253

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant did not have been hospitalized at the F oriental medical hospital located in Gwangju Mine-gu E, and tried to obtain insurance money from the insurance company as if he had been hospitalized even though he did work at G in Gosti, despite having performed the work at Gosti G.

Therefore, as shown in attached Table 1, as between July 28, 2016 and August 5, 2016, the Defendant filed a claim for insurance proceeds, along with a false certificate, etc. to the effect that he/she was hospitalized in the above FF oriental medical hospital from July 4, 2016 to August 16, 2016, and received a total of 6,440,851 won from the victimized insurance companies to the accounts under the name of the Defendant and his/her father.

From August 31, 2016, as shown in attached Table 2, the Defendant continued to do so.

9. Between August 8, 2016 and August 27, 2016, the Plaintiff claimed insurance proceeds by attaching false certificates of discharge from entering the said F oriental medical hospital, etc., and received total KRW 9,278,297 from the damaged insurance company to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the Defendant deceivingd the victimized company as above, and acquired a total of 15,719,148 won from the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each statement made with respect to I, J, K, and L;

1. Application of contract terms, payment documents, communications, and subordinate statutes;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, and the selection of fines (including the fact that one acknowledges and reflects his/her mistake and that he/she is an initial offender who has no record of criminal punishment, etc.);

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.