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(영문) 부산지방법원 동부지원 2018.06.07 2018고단237
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2005, the Defendant subscribed to Samsung C&T Insurance Co., Ltd.’s “T&T 1.4 Insurance”) KRW 90,200 per month insurance premium. On March 28, 2006, the Defendant subscribed to KRW 207,350 per month insurance premium to the “T&T Y II Insurance” of the C&T Co., Ltd.’s “T&T Y YY YY YY YY YY YY YY YY YY YY YY YY YYY ACTY YY YY ACTY YY YYY YYY YYY YYY YYY YYY ACT

The content of the above insurance products guarantees all or part of the expenses for hospitalized treatment in the event of hospitalization of a disease, and pays daily allowances in proportion to the number of days of hospitalization. As the Defendant was diagnosed with chronic C-type infection at early and around 2008, the Defendant was able to receive insurance proceeds from each insurance company by means of false and exaggerated hospitalization, such as making a transfer of hospital from time to time without discharge, and repeating unnecessary long-term hospitalization.

However, in fact, the defendant's disease was possible to achieve the purpose of treatment through regular outpatient treatment and drug prescription, and unlike others, it does not constitute cases where continuous observation of the medical personnel of the defendant's state is required or it is necessary to administer drugs under the continuous observation of the medical personnel or where continuous stay in the hospital is required due to the risk of infection. Since the defendant has been running daily life through outing and staying outside during the period of hospitalization, there was no need for hospitalized treatment.

Nevertheless, the defendant was hospitalized under the above diagnosis at E hospital located in Busan Shipping Daegu D for ten days from February 25, 2008 to March 5, 2008, and was hospitalized under normal conditions after being hospitalized under the above diagnosis on March 5, 2008. The victim Samsung Life Insurance Co., Ltd. and the victim future, and the victim Chinese life insurance on March 24, 2008.

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