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(영문) 창원지방법원 마산지원 2014.09.02 2014고단160
사기
Text

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

The application for the instant compensation order shall be dismissed.

Reasons

Punishment of the crime

On January 20, 2001, the Defendant received hospital treatment on the ground that he had met the same part as the part he had received treatment in fact, on the ground that he had met the same condition as that of the part he had received treatment in fact even though he did not have any other fact, the Defendant received hospital treatment on the ground that the victim Samsung Fire and Marine Insurance (ju) and the victim Samsung 50 million won in the event of the death of injury or the aftermath disability, and that the Defendant received a certain amount of medical expenses, nursing expenses, daily allowances, etc. in the time of general injury. Furthermore, the Defendant was able to receive insurance money, such as daily allowances, etc. when hospitalized for a long time, even though having no need for hospitalization,

Around March 22, 2007, the Defendant: (a) filed a claim for a medical treatment for eight days with respect to multilateral gambling, etc. due to traffic accidents in the D convalescent Hospital located in Si, Gun, and (b) around May 10, 2006; and (c) received KRW 594,789 from the victim company on the same day; and (d) received money from the victim company on the same day; and (b) received money from the victim company on a total of 89 occasions from March 20, 2013, received money from the victim company; and (c) received money from the victim company on a total of 89 occasions from March 20, 2013; or (d) remitted money from E and F accounts.

Summary of Evidence

1. Legal statement of witness G;

1. Prosecutions and police interrogation protocol of the accused;

1. The police statement concerning G;

1. A written request for investigation;

1. A report on internal investigation (Attachment to a detailed statement of currency);

1. Investigative report (attached a statement of opinion on hospitalization of a hospital as of the suspect);

1. Application of Acts and subordinate statutes to replies to requests for medical analysis;

1. Article 347(1) and (2) of the Criminal Act, the choice of imprisonment for a crime

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

1. The reason for sentencing under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to Dismiss Application for Compensation is that the defendant denies the crime, insurance fraud promotes unfair medical treatment of medical institutions and ultimately causes damage to a good insured.

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