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(영문) 창원지방법원 2015.10.07 2015고정648
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

From December 18, 200 to March 15, 2008, the Defendant purchased three insurance products, such as the victim Samsung Insurance Co., Ltd., Ltd., which are paid multiple hospitalization allowances according to the number of hospitalization days during the period of hospitalization.

Notwithstanding the need to provide long-term hospitalized treatment at the D Hospital located in Kimhae-si for 20 days from June 24, 2009 to July 13, 2009, the Defendant hospitalized the victim Samsung Life Insurance Co., Ltd. with an insurance proceeds of KRW 850,000 on or around July 15, 2009, and received the above insurance proceeds on or around the 16th of the same month.

The Defendant, including that, from around that time to March 3, 2014, received insurance money of KRW 19,530,066 from the victim insurance company by deceiving the victim insurance company by means of false hospitalization at the above D hospital as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of payment of A insurance proceeds;

1. Medical analysis;

1. Analysis of proper hospitalization days and application of Acts and subordinate statutes on financial transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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