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(영문) 부산지방법원 2020.06.10 2020고단322

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant has purchased insurance money from insurance companies by double entering into insurance contracts with the content that the daily membership fee is paid in proportion to the number of days of being admitted to insurance companies, and in fact, he/she did not require hospital treatment, and by repeatedly hospitalized for a long time to increase the number of days of admission.

The Defendant was hospitalized for 18 days from December 21, 2007 to January 7, 2008 on the ground that the details of 18 days from the date of the hospitalization of C Council members located in Busan High-gu, Busan High-level, on the grounds of unknown closure, etc. On January 8, 2008, the Defendant claimed insurance proceeds from the above hospitalization of four insurance companies, including victim D, and accordingly, received insurance proceeds from four insurance companies, including victim D, around January 10, 2008.

In addition, from around that time to June 28, 2016, the Defendant transferred 44 soldiers and clinics in Busan area, and did not need to be hospitalized for 2,305 days over 168 times, such as the list of crimes in the attached Table, and obtained a total sum of 256,476,584 won from the victim insurance company as the insurance money by receiving hospitalized treatment more than necessary.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. A written report, a written request for investigation, and a written petition;

1. Details of insurance coverage, details of violation of duty of disclosure, status of hospitalization, and records of hospitalization by hospital;

1. Application form and application form for insurance;

1. Comparison of details of account transactions, details of financial transactions, and medical records during the period of hospitalization by hospital;

1. Application of Acts and subordinate statutes to each claim for and payment of insurance proceeds, account, use of credit cards, copies of each obligatory record set, and analysis of medical records;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act ( comprehensively including each insurance company) and the selection of each penalty for criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The sentencing criteria shall be set.