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(영문) 창원지방법원 2016.04.05 2015고단2892

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

From September 2006 to May 2008, the Defendant subscribed to three insurance products, such as the victim merts fire, marine insurance company, etc., whose daily hospitalization days are overlapping depending on the number of days of hospitalization during the period of hospitalization.

Although it is possible for the Defendant to receive a multiple insurance policy as above, he is able to receive hospital treatment for a long time, and receive insurance money from March 26, 2008 to April 18, 2008. Although it is not necessary to receive long-term hospital C located in the window of Changwon-si for 24 days, the Defendant hospitalized the hospital by “curology,” etc., despite the need to receive hospital treatment for 805,480 won on April 18, 2008, and received the above insurance money around April 25, 2008.

The Defendant, including this, received insurance money of KRW 82,192,986 from around that time to December 26, 2014 by deceiving the victim insurance company, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A E-document;

1. A claim for insurance proceeds from each insurance company;

1. Report on internal investigation (related to the current status of hospital in a suspected person and the seat of a hospital);

1. Report on internal investigation (Attachment to documents related to the acquisition of additional insurance money by deception);

1. Investigation report (verification, etc. of claims for insurance proceeds, such as Korean Commercial Life Insurance Company);

1. A report on internal investigation (the details, etc. of a suspect's total surgery);

1. Report on investigation (the result of analysis of medical advice);

1. Medical analysis of medical records and application of Acts and subordinate statutes providing advice;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Where the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] is the reason for sentencing [Article 1(100 million won or less] [Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes] [Article 37] and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes where the victim also has a considerable responsibility for the occurrence of a crime or the expansion of damage [Article 1(1)-1 year] [Article 34 of the Act on