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(영문) 창원지방법원 마산지원 2018.11.21 2018고단208

사기

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 24, 2006, from around August 4, 201 to around August 4, 201, the Defendant subscribed to 14 insurance products, such as Hyundai Commercial Reinsurance Co., Ltd., Ltd., which pay insurance proceeds in duplicate according to the number of days of hospitalization.

Although it is possible for Defendant to take out insurance to multiple persons as above, he/she is willing to provide long-term hospitalized treatment and receive insurance money, and the same year from April 17, 2008.

5. From May 16, 2018 to E in Changwon-si, the fact does not need to be hospitalized for 23 days, and despite the absence of a need to be hospitalized for 23 days, the Defendant filed a claim for insurance proceeds with the Insurance Co., Ltd. on May 14, 2008, by claiming for insurance proceeds to the victim Hyundai Madern Commercial Reinsurance Co., Ltd., Ltd., and then received KRW 971,980 of the above insurance proceeds around May 16, 2018.

The Defendant, including that, from around that time to June 9, 2016, received hospitalized treatment 47 times in total, as shown in the list of offenses, through the same method, and obtained insurance proceeds of KRW 234,027,154 from the victim insurance companies.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Each statement of G, H, I, J, K, and L;

1. Each internal investigation report and investigation report;

1. Health insurance review report on the analysis results of the Evaluation Institute;

1. Analysis details of medical records and copies of medical records;

1. Data on insurance contracts and details of claiming insurance proceeds;

1. Application of Acts and subordinate statutes to each written petition, payment sight table, list of hospitalization, response to a medical examination request, details of the claim for insurance proceeds;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. In relation to the No. 1 to 29 of the list of crimes in the annexed sheet of the argument, the Defendant did not intend to obtain insurance money, since the Defendant received legitimate hospitalized treatment.

2. The judgment of this Court.