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(영문) 광주지방법원 2015.05.22 2014고단4783

사기

Text

A defendant shall be punished by imprisonment for one year.

except that 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

피고인은 2000. 8. 29.경 전남 담양군 E 소재 피고인이 운영하는 다방에서 피해자 교보생명보험 주식회사의 보험모집인 F에게 주요성인병으로 입원치료를 받을 경우 입원일수에 따라 일정액의 보험금이 지급되는 ‘뉴-생생종합건강보험’ 계약을 청약하면서 그 청약서 중 ‘회사에 알려야 할 사항’란의 “최근 5년 이내에 7일 이상 계속 치료, 입원하였거나 또는 수술, 정밀검사를 받은 적이 있습니까 ”라는 질문과 “최근 5년 이내에 아래와 같은 병(③고ㆍ저혈압)을 앓은 적이 있습니까 ”라는 질문에 대해 각 ‘아니오’란에 “∨”체크를 하였다.

However, there was a fact that the Defendant received hospital treatment for 197 days in total from June 18, 199 to July 25, 200, including high blood pressure and kidsing rocks, and received insurance money equivalent to 11,680,000 won in total from Samsung Life Insurance Co., Ltd.

As above, the Defendant: (a) by deceiving the victim and entering into the said insurance contract around August 29, 200 with the victim; (b) around March 7, 2003, the Defendant claimed for the payment of the insurance money to the employee in charge of the victim’s sexual intercourse for 22 days from February 7, 2003 to February 28, 2003; and (c) received KRW 1,140,000 as insurance money from the victim on March 8, 2003; and (d) received KRW 175,210,945 in total from the victim on the same method as described in the list of crimes from around March 25, 2014, as stated in the list of crimes in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, F, H, and I;

1. A complaint and an application form for personal insurance contract;

1. A total payment table;

1. Investigation report (Submission of a suspect's claim for insurance proceeds, etc. in a three-dimensional life), claim for insurance proceeds, and confirmation of hospitalization; 1.