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(영문) 광주지방법원 2013.08.22 2012고단5202
사기
Text

The defendant shall be innocent.

Reasons

1. Around November 1, 2001, the Defendant subscribed to the Korea Amateur Family Guarantee Mutual Aid Association. From January 21, 2009 to August 12, 2009, the Defendant subscribed to 10 types of insurance products of 9 insurers, such as the Korea Fire Insurance Company, etc. (the monthly payment premium of KRW 616,040).

The defendant had received hospitalized treatment to receive insurance money for the purpose of receiving the insurance money, even though he/she does not have to find an accident (a disease) or need to be hospitalized, and he/she has received the insurance money by submitting an insurance claim and a written confirmation

Around December 22, 2009, the Defendant found at the D Hospital located in Native Yangyang-gun C, 2009, and asked for hospitalization while getting a bicycle, and was hospitalized for 14 days from January 4, 2010 under the name of “alley disease.”

However, in fact, the defendant was hospitalized to receive hospital insurance money even though it was possible to receive hospital care.

As such, the Defendant received a written confirmation of hospitalization from the hospital as if he were actually hospitalized, and around January 26, 2010, submitted a written application for insurance and a written confirmation of hospitalization to the person in charge of payment of insurance proceeds from the same fire insurance company, and received KRW 700,000 insurance money from the victim insurance company to the Agricultural Cooperative (F) account in the name of E.

The Defendant, not later than April 11, 201, received 24,649,446 won as insurance money every four times in the same manner as the list of crimes in attached Form 1, as well as in the same manner as the list of crimes.

2. First of all, there is no evidence to acknowledge whether the Defendant was hospitalized in a hospital under the presumption of an accident (accident).

Next, as to whether the defendant received hospitalized treatment for the purpose of receiving the insurance money even though it is not required to be hospitalized, the health care unit, and the “inpatient” need to continuously observe the side effects or incidental effects of the patient’s disease, which cause very low resistance to the disease, or are administered by the medical personnel.

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