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(영문) 광주지방법원 2015.04.08 2014고단3261

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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 subscribed to a large number of insurance policies that are paid at the time of hospitalization, and received insurance money according to the number of days of hospitalization for a long time, although it is possible to receive hospital treatment.

The Defendant, around December 7, 2009, was hospitalized in the D Hospital located in the Mandong-gun C in the Jeonnam-gun of the Republic of Korea around December 7, 2009 and continued to be hospitalized on or before December 15, 2009 due to hepatitis, etc., and received 480,000 won for the same day as the insurance money from the victim, from that time, from that time until June 3, 2013, by deceiving the victim by means of being hospitalized from 16 hospitals to 239 days in total, and received 71,594,412 won from the insurance company that is the victim.

Accordingly, the defendant was informed of the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Analysis of a suspected crime committed against A, and application of A insurance accident information-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of recommendations on the sentencing guidelines: Fraud crimes between six months and one year and six months, general fraud, Type 1 (less than KRW 100 million), and basic areas;

2. Specific grounds for sentencing - reasonable reasons for sentencing: The defendant reflects the crime of this case; the defendant appears to suffer from at least any disease that requires treatment during the period of hospitalization; the defendant actively endeavors to recover damage and deposits money exceeding half of the amount of fraud; and his parents, wife, and three children must support the defendant. - Unfavorable circumstances: the amount of fraud is very large.