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(영문) 광주지방법원 2016.02.04 2015고정1806

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 31, 2014, the Defendant did not have received hospitalized treatment for 14 days from C Council members located in the Seo-gu in Gwangju, Seo-gu, Gwangju, under the name of ward, such as salt, tension, etc. of the YY, until November 13, 2014.

Nevertheless, the Defendant issued a false certificate of entry and discharge with the content that he/she received hospital treatment during the above period. On December 4 of the same year, the Defendant submitted a claim for insurance payment to the victim Samsung Fire Insurance, the Korean Commercial Life Insurance, and the Hyundai Commercial Type Reinsurance Co., Ltd. and submitted a written confirmation of entry and discharge for the same month.

4. 1,365,410 won from Samsung Fire Insurance, 220,00 won from Hansung Life Insurance, and the same month; and

8. The Defendant received KRW 280,000 from Hyundai Commercial Reinsurance in the sum from the Defendant’s National Bank (D) account and acquired KRW 1,865,410 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. A copy of the register of tea or nursing, or medical record stored on the computer seized;

1. All copies of documents claiming insurance proceeds;

1. Application of Acts and subordinate statutes on data verifying mobile phone subscribers, requests for provision of communication confirmation data, and details of financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (such as: (a) around January 2016, which was the date of the prosecution of this case, the defendant partly paid for the victim's modern commercial and Chinese commercial and non-commercial and non-life insurance; and (b) the defendant has no record of the same crime; (c)

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.