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(영문) 의정부지방법원 고양지원 2013.10.02 2013고정361

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a university student in the facts charged.

After having subscribed to an indemnity insurance policy, such as an accident insurance, the Defendant: (a) from January 12, 2012 to January 12, 2012, the Defendant was aware that an insurance company would pay insurance proceeds upon the submission of a hospital diagnosis certificate, a certificate of entrance and discharge, and a statement of payment for hospital expenses; and (b) the Defendant received insurance proceeds and acquired the insurance proceeds.

2.1. up to 21 days before the date of the 21st day, the person was hospitalized in the E-Japan located in Pakistan.

However, the Defendant did not receive hospitalized treatment during the period of being hospitalized at the above Council member.

Nevertheless, the Defendant received hospital treatment during the period of hospitalization as above and received a medical certificate and a written confirmation of discharge from a hospital from the above E-L member on February 14, 2012 and received KRW 540,000,000 from the nine insurance companies on 12 occasions as shown in the attached list of crimes, including the Defendant claimed insurance proceeds from LIG hand around February 14, 201, and received KRW 7,06,791 from the nine insurance companies.

2. Therefore, it is insufficient to recognize the Defendant’s intention to commit an insurance fraud, as to whether the Defendant committed an act of deception against each insurance company, or whether the Defendant obtained insurance money from each insurance company, and the evidence submitted by the prosecutor alone.

Rather, according to the following circumstances, ① according to the Defendant’s cell phone usage records (see, e.g., 14 pages of investigation records), the Defendant appears to have mainly been a Ethical member during the period from January 12, 2012 to January 27, 2012 (see, e.g., e., e., g., hospitalization of Handphones), and ② The instant insurance contract was concluded individually by F, the Defendant’s agent, at the time of the Defendant’s life or juvenile life, according to the Defendant’s business needs.