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(영문) 광주지방법원 2018.04.10 2017고정1932

보험사기방지특별법위반

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 10, 2016, the Defendant was issued a certificate of hospitalization and a detailed statement of medical expenses, etc., stating that he/she was hospitalized, even though he/she had not received the hospitalized treatment for 15 days from September 26, 2016 to October 10, 2016.

A. On October 10, 2016, the Defendant submitted a written claim for insurance money and a written confirmation of discharge from the Defendant’s marine insurance company’s name to a person in charge of insurance, etc. on the same day, and received KRW 1,326,080 as insurance money from the person who suffered the same day.

B. On October 10, 2016, the Defendant submitted a written claim for insurance money and a written confirmation of discharge from the said entry to a person in charge of insurance in the name of the victim Samsung T&T Co., Ltd., and received 600,000 won as insurance money from the victim on the 12th of the same month.

Accordingly, the Defendant acquired insurance proceeds of KRW 1,926,080 in total by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident inundation;

1. A written decision on the payment of insurance proceeds;

1. Claims for insurance proceeds:

1. A certificate of hospitalization;

1. Application of Acts and subordinate statutes on telephone details;

1. Relevant Article of the Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Fraud in the Selection of Punishments. Article 8 (Selection of Penalty)

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;