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(영문) 서울중앙지방법원 2017.06.21 2017고단2350

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From June 2011 to April 15, 2013, the Defendant served as an employee of the E Law Firm in Seocho-gu Seoul Metropolitan Government E.

On June 2012, the Defendant introduced the Victim F (the 32 years of age at the time) who had a vegetable child (the 6 years of age at the time), due to traffic accident, recommended the victim to file a lawsuit against the insurance company and hospital for damages, and had the victim receive money as the litigation cost and received it.

1. On June 20, 2012, at H hospital located in Bupyeong-gu Incheon Metropolitan Government G around Jun. 20, 2012, the Defendant is well aware of the victim’s insurance money.

Since there have been many negligence in a hospital, if a lawsuit is filed against an insurance company and a hospital, 22 to 60,000 won per month may be calculated from the age of 22,00 to the age of 60,000, and if the medical expenses, etc. are added, 2 billion won or more per month may be received.

The author agreed to conduct a lawsuit and receive 13% of compensation due to the number of official gazettes by stating that the author believed that he/she will win the lawsuit and that he/she will proceed with the lawsuit.

A. After the Defendant agreed as above, around July 20, 2012, the Defendant made a false statement to the victim of the instant H hospital that “I shall obtain the Plaintiff’s medical records and obtain the issuance of other documents, thereby changing KRW 20 million.”

However, the above facts did not have the intention or ability to use them as litigation costs even if they received KRW 20 million.

In other words, the Defendant was given 20 million won as the litigation cost from the injured party.

B. On January 7, 2013, the Defendant made a false statement to the victim of the J Rehabilitation Hospital located in Nam-gu Incheon Metropolitan City I, stating that “Around January 7, 2013, the Defendant would require KRW 15 million, such as appraisal expenses, medical record-keeping expenses, etc. to conduct physical appraisal at the Central University Hospital in connection with the lawsuit.”

However, even if we receive KRW 15 million as above, there was no intention or ability to use it for physical assessment.

The defendant belongs to this.