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(영문) 서울북부지방법원 2018.08.24 2018고정514
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Based on the fact that C hospital provides hospitalization well after the formal diagnosis, and that it can receive hospitalization allowances from an insurance company, the defendant has attempted to obtain insurance money by fraud by being hospitalized for a long time, even though hospitalization is unnecessary.

The Defendant, from November 18, 2014 to December 13, 2014, received hospital treatment for 25 days by stating to the person in charge of the pertinent hospital as if it is necessary to be hospitalized for a long time due to the escape from the front side of the pertinent hospital despite the absence of a disease to the degree of hospitalization, and received hospital treatment for 1,300,000 won from the KB non-life insurance on December 24, 2014, as well as by receiving insurance money of 1,30,000 won from the KB non-life insurance on December 24, 2014 from around that time to April 22, 2015 in the same manner as attached Table 5 of the daily list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the protocol concerning the examination of suspect of the police against D, E, or F;

1. Copy of the statement made to G by the police;

1. A copy of the judgment of the first instance court at C hospital; and

1. Documents pertaining to claims and payment of insurance money;

1. Each set analysis and treatment set;

1. Investigation report (verification of the details of the A account and attachment of KB Non-Life Insurance Data), details of account transactions, and resolution on payment of insurance proceeds;

1. Application of investigative reports (Analysis of suspect A card details), BC card use statements, and replys on the use of post office cards by Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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