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(영문) 서울남부지방법원 2016.04.14 2016고단125
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2, 2009, the Defendant subscribed to a large number of security insurance policies, including the purchase of a comprehensive insurance policy for the 87,000 amount of monthly insurance premium of the Victim Hansung Non-Life Insurance (State), and, without having to undergo continuous management and observation for the purpose of receiving insurance money, such as daily allowances for hospitalization, the Defendant received hospitalization only for a hospital which can be sufficiently treated by its members without having to undergo continuous management and observation for the purpose of receiving the insurance money. Although it is a disease requiring hospitalization, the Defendant received hospitalization for a long period of time, as long as necessary, and tried to receive the insurance money by receiving documents necessary for receiving the insurance money, such as a written confirmation of hospitalization and a medical certificate, as if he had undergone adequate hospitalized treatment at the time of discharge.

On June 1, 2009, the Defendant claimed insurance money as if the Defendant had been hospitalized in the “D Jeong-gun” located in Female-gun C, Gyeonggi-do, for a total of 20 days from April 23, 2009 to May 12, 2009, on the ground of “the fluence and falssis,” and on the ground of “the fluence and falssis,” at the Korea-Japan Non-Life Insurance Office.

However, the symptoms of the defendant were not hospital treatment, but only hospital treatment can achieve the purpose of sufficient treatment, and the defendant was actually receiving hospital treatment.

As above, the Defendant: (a) by deceiving the victim's limited liability insurance (ju), received KRW 778,950 as insurance money from the victim insurance company on June 2, 2009 to the post office account under the name of the Defendant; and (b) thereafter, received KRW 135,378,413 as total insurance money in the same manner as indicated in the attached crime list from November 20, 2014.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A Medical Analysis, A Medical Records Analysis, Investigation Report (A accompanying data on the purchase and payment details of insurance against a suspect).

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