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(영문) 의정부지방법원 2018.09.13 2017고정98
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, who was subscribed to B’s loss insurance, was hospitalized in the E hospital operated by Gyeonggi-gun C Director D from December 16, 2014 to March 14, 2015.

From the total amount of the medical expenses, etc. to be paid to the Defendant, the Defendant had a false receipt stating the amount of 5-10% discounted by 5-10%, which is more than the amount actually paid, issued by E hospital to obtain insurance money from B insured.

On March 2, 2015, the Defendant filed a hospital receipt stating KRW 8,858,880 with B, and received KRW 7,556,880 on March 3, 2015, and accordingly, received KRW 7,556,880 on March 3, 2015, it is clear that “4,537,460” as indicated in the column for “a hospital search and seizure receipt” as indicated in the column for “a hospital receipt (amount)” in attached Table No. 1 of the Crimes List of Crimes is 4,537,520, and “4,420” as indicated in the column for “a hospital receipt (amount to be paid)” and “a two-way receipt (total amount to be paid)” as indicated in the “4,320,950” column.

B filed a claim of KRW 29,535,390 over three occasions, and received KRW 24,97,390.

As a result, the Defendant, by deceiving B by means of demanding a false receipt (total amount: 29,535,390) stating a larger amount than the total amount of hospital expenses paid to E in the actual E hospital, received KRW 24,97,390 of the insurance money by receiving the payment.

Summary of Evidence

1. Partial statement of the defendant;

1. The report on the investigation results of the E hospital, the record of receipt, the record on the preparation of each police station with respect to the E hospital, F, G, H, and I, the record on the provision of raw materials and medicine for entry, the record on the duty of seizure, the record on the duty of seizure, the receipt of the insurance company, the document of payment of

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel regarding the issue of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is the facts charged in this case.

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