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(영문) 인천지방법원 2014.04.29 2014고정977

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 15:30 on April 5, 2013, the Defendant was faced with a traffic accident that conflicts with Oralba, a vehicle driven by B while getting along the vehicle driven by B and going to a destination.

In such a case, although the Defendant knew that he would be able to receive more traffic accident agreements and long-term and life insurance money from the insurance company to be hospitalized in a hospital, he/she has neglected it and attempted to take the insurance money by deceiving the insurance company as if he/she actually received hospitalized treatment.

On April 15, 2013, the Defendant claimed insurance premium from the victim LIG Damage Insurance Co., Ltd. and D’s members located in each Seo-gu Incheon Seo-gu Life Insurance Co., Ltd. on May 3, 2013 as they received hospitalized treatment for 11 days from April 5, 2013 to April 15, 2013.

However, even though the Defendant received approximately 14 times of hospitalization (excluding discharge days), he/she was provided with only 1 medical treatment, and he/she was present at the company by leaving his/her hospital within the hospitalization period, and about 8 days after being absent from his/her residence, and there was no other fact that he/she received hospitalization, such as a person who was temporarily staying in his/her residence.

Around April 15, 2013, the Defendant, by deceiving victims, received KRW 1,608,920 as agreed money and treatment expenses from the victim LIG Damage Insurance Co., Ltd., and acquired KRW 1,768,920 as a total of KRW 160,00 in the name of life insurance money from the victim MIG Damage Insurance Co., Ltd. on or around May 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes, such as a statement of claim for medical expenses;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act.