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(영문) 부산지방법원 2016.06.01 2015고단8072

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant, on September 9, 2013, in the “E convalescent hospital” located in Busan Metropolitan City captain-gun D, and from August 16, 2013, in the Victim Teaching Life Insurance Co., Ltd. to the same year.

9. By July 1, 200, “E convalescent” claimed the insurance money under the “E convalescent Hospital” to be hospitalized in the hospital cancer.

However, on June 2012, the Defendant was hospitalized in the “E long-term care hospital” in order to take food care and sacrhum cancer treatment, etc., and did not undergo continuous observations by doctors, such as going out of the hospital and going out of the hospital from time to time, and did not receive hospitalized treatment.

The Defendant received KRW 345,00 from the victim M&C Co., Ltd. for the same day as insurance money, and acquired KRW 26,354,040 from the time to January 28, 2014, totaling 14 times as stated in the list of crimes in the attached Table from the victim to January 28, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his/her defense counsel asserted that: (a) the content of the A Accident (Hospitalization and treatment), a copy of the Nursing, a copy of the nursing manual, an accident inundation, a copy of the insurance contract, a copy of the insurance claim, each claim for insurance money, a copy of the written confirmation for release from entry, each claim, each damage adjustment report, the detailed statement of the claim, the details of entry, discharge and payment of insurance money, investigation report (Attachment to the Medical Analysis Table) / [the defendant and his/her defense counsel, the defendant and his/her defense counsel required preservation of high-frequency heat treatment, i.e., immunity, etc. for the recovery of immunity after the operation, and there was a need for hospitalized treatment for this purpose, and therefore, the criminal intent of obtaining insurance money cannot be recognized.

However, in full view of the evidence presented in the judgment, ① The high-frequency heat treatment of which the Defendant received is required for one hour, and for 3,4 hours after treatment, additional rest, treatment, observation, etc. are not required. ②