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(영문) 광주지방법원 2018.10.12 2018고정847

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Despite the fact that the Defendant purchased two insurance products, such as Samsung Bio-resources, Samsung Bio-resources, “Trex Integrated Security Insurance I,” etc., was suffering from a disease that can be treated as a outpatient, or had received hospitalized treatment, the Defendant was able to claim insurance proceeds with a false or excessive certificate of entry/discharge issued as if he had received hospitalized treatment.

From September 27, 2017 to October 10, 2017, the Defendant filed a claim for insurance proceeds with each insurance company upon receipt of a written confirmation of entry/discharge as if he/she had been hospitalized in the Category C oriental medical hospital located in Gwangju Mine-gu, Gwangju, as the Defendant had received hospitalized treatment at the Category C oriental medical hospital located in Gwangju Mine-gu.

However, during the period of hospitalization, the Defendant did not have received a simple examination and treatment for the first day of the hospitalization, and immediately moved to the former North Eup/Myeon, which is a residence, and was locked at the residence, and was hospitalized at C oriental medical hospitals.

Nevertheless, the Defendant filed a claim for insurance proceeds with an insurance company as if he received normal hospitalized treatment after obtaining a written confirmation of entrance/discharge from the Korea Medical Hospital, and received KRW 1,005,230,000 in total, including Samsung Fire 280,000 won on October 18, 2017, and Samsung Bio-resources 280,000 won on October 16, 2017, and Samsung Bio-resources 445,230 won on October 27, 2017. < Amended by Act No. 1445, Oct. 27, 2017>

Accordingly, the defendant, by deceiving each insurance company, received property from each other and took part in it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The details of telephone calls and the location of the radio station;

1. Application of Acts and subordinate statutes to all documents related to claim and payment of insurance proceeds;

1. Article 8 of the Special Act on the Prevention of Fraud under the relevant Act on Criminal Facts;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.