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(영문) 전주지방법원 정읍지원 2018.10.16 2018고정115

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Despite the fact that Samsung Fire Co., Ltd.’s purchase of Samsung F&T insurance products is a disease that can be treated as a pain treatment, or had not received hospitalized treatment, the Defendant had been able to claim insurance money with a false or excessive certificate of entry/discharge issued as if he had received hospital treatment.

From October 21, 2017 to October 08, 2017, the Defendant filed a claim for insurance proceeds with each insurance company upon issuance of a certificate of entrance/discharge as if he/she had received hospitalized treatment at a DNA oriental medical hospital located in Gwangju Mine-gu C, Gwangju, as “Refence-gun of Madern War” for a period of 21 days.

However, the Defendant continued to live in the hospital during the period of hospitalization, and was staying outside the hospital for 2 days at the Eup/Myeon of North Korea, without being hospitalized. 6-7 days after the hospitalization, and 6-7 days after the hospitalization were locked at the residence, and received hospital treatment and hospitalized treatment, such as being locked and staying a daily life, by sending a life-saving table, etc.

Nevertheless, on October 16, 2017, the Defendant filed a claim for insurance proceeds with an insurance company as if he received normal hospitalized treatment after obtaining a written confirmation of entrance/discharge from the D Oriental Medical Hospital, and received KRW 2,566,608 from Samsung Fire Insurance Company as the head of the Nonghyup Tong (E) on October 16, 2017.

Accordingly, the defendant was delivered property by deceiving the insurance company.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of passbook transactions;

1. The details of telephone calls and the location of the base station for sending telephone calls;

1. Details of claim for insurance proceeds and receipt thereof ( Samsung Fire, etc.);

1. Application of Acts and subordinate statutes, such as medical records;

1. Article 8 of the Act applicable to facts constituting a crime, Article 8 of the Special Act on the Prevention of Fraud of Insurance, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, in light of the impact of the insurance fraud on the majority of bona fide insurers and society, is strict regarding the instant crime.