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(영문) 전주지방법원 2016.12.13 2016고단1489
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant did not have to pay the premium of KRW 00,000 every month due to economic circumstances.

The defendant came to know that in the case of long-term hospitalization within 120 days in the same sick person for a year, a large amount of insurance money is paid in addition to the amount of hospitalization and treatment normally paid.

Although it is sufficient for the Defendant to use the insurance money as living expenses, etc. by acquiring insurance money through several insurance companies, after purchasing several insurance policies, such as making it easy to issue a medical certificate or long-term hospitalization, and transferring the hospital where the management is neglected at the time of hospitalization, and satisfying the formal requirements for long-term hospitalization, although it is unnecessary for the Defendant’s long-term hospitalization, or without any specific treatment as a result of the inspection.

On April 16, 2010, the Defendant received KRW 141,027,169 from the victim insurance company to November 12, 2014, totaling KRW 194 as insurance money for 194 times as stated in the attached list of crimes, inasmuch as the Defendant received hospitalization for about 14 days by May 6, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (related to attaching data on health insurance review and response to the Review Board);

1. Each report on internal investigation:

1. To issue an order to investigate a suspected insurance fraud;

1. Documents claiming insurance proceeds and paying the insurance proceeds (one to three separate rights);

1. Application of Acts and subordinate statutes to medical analysis and advisory data (right 4);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The recommendation type (the selection of type) set forth in the sentencing criteria shall be two types of general fraud (the amount shall be at least 100 million won, and the amount shall be less than 500 million won);

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