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(영문) 광주지방법원 목포지원 2014.07.17 2014고단341

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From May 15, 2009 to April 2, 2012, the Defendant purchased a total of 5 insurance companies, including the victim’s tea damage insurance and the victim’s second accident insurance and the water home care insurance.

The Defendant, as seen above, did not need to receive hospitalization by taking advantage of the number of insurance policies, was hospitalized, or was hospitalized for a longer period than the actual period of hospitalization, and issued a written confirmation of hospitalization, and did not mislead the insurance company into receiving insurance proceeds by attaching it thereto.

From May 15, 2009 to June 12, 2009, the Defendant was hospitalized for 29 days at D Hospital located in Sinposi C with acute organ infection, trauma stress disorder, the thromatic stress disorder, the disease of the thromatic disease, chronism, and chronitis. However, considering the symptoms and the result of the examination, it is sufficient that the Defendant was hospitalized for at least seven days in consideration of the symptoms and the results of the examination, such as without meals at the time. There was no need for a long period of hospitalization.

On July 13, 2009, the Defendant claimed insurance money by attaching a written confirmation of hospitalization, etc. issued by the above hospital to the victim’s post office, and received insurance money of KRW 1,447,700 on the same day from the above victim from May 15, 2009 to April 2, 2012, and received insurance money of KRW 33,36,235 from the victims, as described in the attached list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Answers to the request for review, such as the appropriateness of each hospitalization and treatment;

1. - Opinions on the propriety of hospitalization and treatment;

1. - Opinions on whether the hospitalization period for each medical care institution is appropriate or not;

1. - Contract matters A

1. Details of payment of A insurance proceeds;

1. Application of A Medical Records (1) and (2) Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;