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(영문) 서울중앙지방법원 2017.10.27 2017고단2479

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From December 31, 2007 to June 23, 2012, the Defendant subscribed to 9 insurance products that were released from 7 insurance companies, such as Hyundai Sea Commercial Reinsurance (State).

From January 26, 2012 to February 6, 2012, the Defendant was hospitalized in the D oriental medical hospital located in Yeongdeungpo-gu Seoul Metropolitan Government for 12 days, and then filed a claim for insurance proceeds with the employee in charge of the victim's Hyundai Sea Commercial Reinsurance (State) upon submitting the relevant documents, such as a written confirmation of entry and discharge for 12 days.

However, since the symptoms of the defendant at the time have been repeated by preservation and prescription, there was no need for the long-term hospitalization for 12 days as the substance of treatment is merely for outpatient treatment.

The Defendant, as seen above, by deceiving an employee in charge of the victimized person, received KRW 780,00 of the insurance money from the victimized person to the Defendant’s bank account in his name on May 14, 2012, and received KRW 780,000 from the victimized person, and received KRW 152,111,752 in total of the insurance money from the Defendant, despite that the Defendant did not receive substantive hospitalized treatment, such as repeated unnecessary long-term hospitalization through 26 times from that time to April 30, 2015, and seeing from time to time out of and out of the hospital during the hospitalization period, as in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on consultation, medical analysis, and consultation (E);

1. Records of each medical examination and treatment, a list of insurances and payments, a written resolution for payment, a medical certificate, a written confirmation for release from a deposit, data on claims for insurance money, and the details of each hospitalization;

1. Application of the Acts and subordinate statutes governing the criminal;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The first sentence of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the first crime reasons for sentencing, the deposit of some money, and the prosecution for committing a crime, and the reflectivity of each of the soldiers diagnosed by the defendant itself;

or all of the periods shown by the defendant as being hospitalized in each hospital are shown by the defendant.