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(영문) 대구지방법원 김천지원 2015.07.08 2015고단311

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the hospital located in the Gumi-si B, did not need to receive hospitalization and treatment in fact by the Defendant and the Defendant’s son and son, and immediately discharged the Defendant from the hospital without delay after being hospitalized, and did not keep the record of hospitalization with false diagnosis by asking for false pains to the doctor, and did not pay insurance money to the Hyundai Marine Insurance Co., Ltd. to claim insurance money to the victims Hyundai Marine Insurance Co., Ltd.

1. On December 7, 2013, the Defendant complained of F, a doctor in charge of C Hospital B located in the Gumi-si, to the effect that he/she claimed for pains such as wood, brith, brith, brith, gym, food poisoning, etc., and was hospitalized for approximately 23 days until December 30 of the same year by requesting hospitalization, and was hospitalized until December 30 of the same year, and filed a claim for insurance proceeds with the Hyundai Marine Insurance Co., Ltd. on the basis of this.

However, in fact, the Defendant did not have any symptoms of disease, such as the cryp, tension, food poisoning, etc., or there was no need for hospitalization due to minor negligence. After undergoing the procedure of hospitalization, the Defendant was immediately discharged from the house and went to the church, and did not receive hospitalized treatment during the above period of hospitalization.

As such, the Defendant, by deceiving the victim and being delivered KRW 1,736,220 as insurance money on December 31, 2013, received KRW 10,30,00 from around that time to October 16, 2014, as shown in the List of Crimes (1) in attached Table (1), issued KRW 10,306,826 in total on seven occasions from that time.

2. Around December 24, 2011, the Defendant filed a claim for insurance proceeds with the Hyundai Marine Insurance Company for a victim, based on the record that he/she was hospitalized by around 17 days until January 9, 2012 after receiving the diagnosis of injury, such as equitable food poisoning, which is not classified differently by requesting hospitalization, against F, who is a doctor in charge at the above C Hospital, complaining of DNA food poisoning symptoms, requesting hospitalization.

However, the defendant thought that he would receive insurance money with a false diagnosis even though he did not have any food poisoning symptoms, and D, after being hospitalized, immediately after being hospitalized.