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(영문) 광주지방법원 2015.03.25 2012고단6890

사기

Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant was hospitalized at the D Hospital from February 6, 2001 to April 4, 2001 due to high blood pressure acceleration disease; (b) was aware of the fact that it would be refused to subscribe to the insurance when subscribing to the health insurance; and (c) concealed the fact on March 23, 2001, the Defendant subscribed to the Life Insurance Co., Ltd. (the Green Cross Life Insurance Co., Ltd., Ltd., on July 1, 2003; (d) the Defendant, around May 1, 201, to the Life Insurance Co., Ltd., Ltd., Ltd. (the mutual change to the Hyundai Life Insurance Co., Ltd., Ltd.) for the victim’s Hyundai Marine Insurance Co., Ltd., Ltd. to the Life Insurance Co., Ltd. (FFF) and on May 8, 2001, to the Life Insurance Co., Ltd. (FFFFF).

After two years from the insurance company's limitation of the right to cancel the contract due to the violation of the duty of disclosure under the insurance terms and conditions, the defendant received a large amount of insurance proceeds from the insurance company by means of changing the type of disease, and by receiving a large amount of insurance proceeds from the insurance company for a long time, even though it is not necessary to receive hospital treatment because it is possible to rehospitalize another disease under the same type of disease or to guarantee hospitalization expenses under the same type of disease after the lapse of 180 days.

The Defendant was hospitalized from February 12, 2004 to March 9, 2004 in the F Hospital located in Gwangju Mine-gu for 27 days due to high blood pressure, etc., and received KRW 2,160,000 for hospitalization on March 10, 2004, and received KRW 163,859,473 as insurance money from the victim company for 61 times from the above date to October 25, 201 as shown in the list of crimes in the attached Table.

Accordingly, the defendant was given 163,859,473 won by deceiving the victim company.

2. Determination

(a)a prosecutor;