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(영문) 대전지방법원 2018.07.12 2017노2780

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and misapprehension of the legal doctrine) is actually hospitalized to treat urology, and the Defendant did not intend to obtain insurance money by fraud.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (one year and six months of imprisonment, and three years of suspended sentence) is too unhutiled and unfair.

2. The summary of the facts charged of this case is that, notwithstanding the absence of any special import, the Defendant was paid high-amount of hospitalization insurance money and subscribed to several insurance products with high security, and, without having to undergo continuous management and observation by the medical staff, was provided with only a hospital that can be sufficiently treated by the hospital at home without having to undergo hospitalization, and after a certain period of time, was transferred to another hospital, and received hospitalized treatment after a certain period of time. As long as necessary, the Defendant was hospitalized for a long period of time, and submitted to each insurance company the documents necessary for the receipt of insurance money, such as a certificate of hospitalization and a medical certificate stating that he/she received adequate hospitalized treatment at the time of discharge, and submitted them to each insurance company for receiving the nominal insurance

Accordingly, on December 24, 2007, the Defendant claimed insurance proceeds from the victim MG non-life insurance around November 13, 2007 to November 28, 2007, as if the Defendant received normal hospitalized treatment from “E” on the second floor of the DD building in Gangseo-gu Seoul Metropolitan Government, for 16 days from the urology to the urology.

However, the symptoms of the defendant were not necessary for the period of hospitalization, and it was possible to fully treat the defendant by the patient without having to undergo continuous management and observation of the medical staff.

As such, the Defendant, by deceiving the victim MG non-life insurance, received KRW 260,00 as insurance money from the injured party on December 24, 2007, and received KRW 260,000 from that time to July 21, 2015, together with the statement in the list of crimes in attached Form 232,752.