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(영문) 광주지방법원 2019.05.16 2018고정47

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

There was no fact that the Defendant received hospitalized treatment at C Hospital in Seo-gu, Seo-gu, Gwangju, under the name of ward, such as salt, tension, etc. in 14 days from January 4, 2017 to January 17, 2017.

Nevertheless, the defendant received a written confirmation of entrance and discharge, receipt of medical expenses, etc. for the above period on the date of discharge, and received the same year.

2. 3. The victim D, the same month;

8. The same month by submitting a written claim for payment of insurance proceeds, a written confirmation of hospitalization, etc. to the victim E, the 13th of the same month to the victim F and each insurance company of the victim F;

6. 2,787,450 won, and the same month from the victim D insurance companies.

8. The victim E insurance company received KRW 130,00 from the victim F insurance company on the 13th of the same month, KRW 280,000 from the victim F insurance company, and KRW 280,000 from the victim F insurance company on the 3,477,450 in total from the Defendant’s post office account.

Summary of Evidence

1. Legal statement of the witness H;

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by a witness I in the third protocol of the trial;

1. Statement made by a witness H in the seventh trial records;

1. Copies of each police interrogation protocol against J and H;

1. A protocol of partial police interrogation of the accused;

1. Copy of the statement made to H by the police;

1. A copy of a petition and a copy of fact-finding confirmation;

1. A false list of hospitalized persons;

1. All copies of each claim for insurance proceeds and payment documents;

1. Medical records, the date of nursing, and written confirmation of entrance and discharge;

1. Application of the Acts and subordinate statutes of K;

1. Article 8 of the relevant Act on Criminal Facts and the Special Act on Insurance Fraud Prevention, Selection of Punishment, and Selection of Fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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