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(영문) 인천지방법원 2018.04.27 2016고단6392

사기

Text

The defendant shall dismiss the application filed by the applicant for compensation.

The summary of this decision shall be published.

Reasons

1. The summary of the facts charged of the instant case was able to obtain insurance money from an insurance company after receiving false or excessive hospitalized treatment for a disease or injury that does not need to be hospitalized, and around September 30, 2008, the Defendant subscribed to the insurance contract of the victims of the Korea Non-Life Insurance Co., Ltd. (the non-payment of dividends, medical care insurance, and non-payment of dividends).

피고인은 2008. 10. 20. 경 집에서 무거운 물건을 들다가 갑자기 허리를 삐끗 하였다며 인천 남동구 D에 있는 ‘E 정형외과의원 '에서 허리뼈, 우측 견관절 부의 염좌 진단을 받아 2008. 11. 8. 경까지 20일 동안 입원치료를 받았다.

However, in fact, the defendant was not in the state of receiving hospitalized treatment at the time, and was simply receiving physical therapy, so there was no need to be hospitalized for 20 days as above.

Nevertheless, in order to receive insurance money, the Defendant was hospitalized for 20 days as above, and received documents necessary for the claim for insurance money, such as a written confirmation of discharge from a deposit, based thereon. On November 17, 2008, the Defendant submitted a written claim for insurance money to the victim company located in 56 as Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around November 17, 2008 and received KRW 40,000 of the insurance money on the following day from the victim company, and acquired the insurance money of KRW 52,064,259 in total over 28 times as shown in the attached Form of Payment

2. Determination:

A. First, the defendant denies the content of each interrogation protocol of the defendant prepared by the judicial police officer in this court, and the investigation report (Comparison of each reasonable number of days of consultation with each other by the court below and the court below) is written in the investigative agency, and the defendant did not agree to use the evidentiary materials as evidence, and the authenticity of its establishment was not proven. Thus, all of them are not admitted as evidence.

Then, the Health Insurance Review Institute shall be drawn up.