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(영문) 서울남부지방법원 2016.04.20 2015고단4249

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 17, 2008, the Defendant subscribed to several insurance products including the Defendant’s non-distribution comprehensive insurance contracts of the victim Hansung Non-Life Insurance Co., Ltd., the monthly insurance premium of which was KRW 76,800, and, without having to undergo continuous management and observation of medical personnel for the purpose of receiving insurance money, such as hospitalization expenses, nursing expenses, etc., the Defendant was hospitalized for a long time only a hospital which can be sufficiently treated by its members without having to undergo continuous management and observation. Although it is necessary for a disease requiring hospitalized treatment, the Defendant was hospitalized for a long period of time, and had been hospitalized for the purpose of receiving insurance money by receiving documents necessary for receiving the insurance money, such as a certificate of hospitalization, diagnosis, etc., stating that he had been hospitalized

From July 6, 2010 to July 21, 2010 to July 21, 2010, the Defendant claimed insurance proceeds as if the Defendant had received normal hospitalized treatment from Gnean Medical Center located in Gangseo-gu Seoul Metropolitan Government F for a total of 16 days, and from July 23, 2010 to August 6, 2010 to Gnean Medical Center located in Gangseo-gu Seoul Metropolitan Government F for a total of 15 days.

However, the symptoms of the defendant were not hospital treatment, but only hospital treatment can achieve the purpose of sufficient treatment, and the defendant was actually receiving hospital treatment.

As above, the Defendant: (a) deceiving the Victim Hansung Non-Life Insurance Co., Ltd. and was granted KRW 1,869,408 as insurance proceeds on August 12, 2010; and (b) from that time, until September 16, 2014, the Defendant entered the list of crimes in attached Form 2 (500,000 won under the basic payment contract of February 28, 2012, and KRW 500,000 under the basic contract of February 28, 2012, and KRW 50,000,000 under the basic contract of March 15, 2013; and (c) medical expenses of KRW 12,30,000 for medical expenses paid for injury on March 15, 2013, and KRW 12,300 for medical expenses paid for disease on May 31, 2012; and (c) payment of hospitalization on April 24, 2014.