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(영문) 서울남부지방법원 2013.08.29 2013고단1100
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The Defendant, in collusion with the Defendant A, committed a joint crime with D, who is a child, committed a crime by committing a crime with D, with the intention of receiving insurance proceeds from an insurance company through false hospitalization despite the fact that D had not suffered injury to the extent of hospitalization at the hospital, had not been actually hospitalized, and had freely visited the house and the Council member.

The Defendant, along with D, received KRW 5,732,385 as insurance money from the damaged insurance company on September 14, 2009, including: (a) around July 16, 2009 to August 21, 2009, even though there was no fact that D had suffered injury to the extent of receiving hospitalized treatment; and (b) around September 11, 2009, filed a claim for the payment of insurance money with the Victim Hyundai Marine Insurance; and (c) around September 14, 2009, received KRW 1,654,960 as insurance money from the victim; and (d) acquired KRW 5,732,385 as insurance money from the damaged insurance company on the aggregate as described in paragraph 1 of the attached Table 1.

B. The Defendant, along with D on November 10, 2009 to December 21, 2009, pretended that D was hospitalized in order with G Hospital and H hospital without having suffered injury to the extent of hospitalized treatment, and received treatment. On November 27, 2009, the Defendant filed a claim for payment of the victim’s green damage insurance with the victim on or around February 16, 2009, and received KRW 2,95,460 as the insurance money from the victim on or around February 16, 2009, and acquired KRW 9,369,643 in total as the insurance money from the damaged insurance company as stated in Section 2 of the attached Table 1 of the List of Crimes.

2. Defendant A’s co-principal committed with Defendant A, in collusion with I, who is his father, had not been injured to the extent of hospitalization at the hospital, had not been actually hospitalized, and had been allowed to freely visit his house and Council members, with the intention of receiving insurance money from the insurance company through false hospitalization even though I had visited his house and Council members.

The defendant, together with I, on November 1, 2009.

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