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(영문) 광주지방법원 2018.03.08 2017고정1396
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 is an insurance solicitor, and C is the defendant's friendship.

The defendant had been aware that C was not able to mislead him from the stairs, but he had been hospitalized falsely, thereby allowing him to receive insurance money.

On June 24, 2016, the Defendant found in the E oriental medical hospital located in Gwangju-dong-gu, Gwangju, and caused C to be hospitalized only on the documents as if he/she were to go beyond stairs, and issued documents, such as a certificate of admission discharge at the above hospital on July 11, 2016, and C to YYYY, and C submitted a statement of claim for insurance money, medical expenses, a certificate of admission discharge, and a written confirmation, etc. to the effect that, around July 14, 2016, at the victim fire insurance office located in the Dong-gu, Gwangju-gu, Seoul Special Metropolitan City, the victims’ fire insurance company located in 157, from the point of time to June 24, 2016, the Defendant submitted the statement of claim to the effect that “The Defendant paid insurance money properly after receiving treatment at the above E oriental medical hospital from around the above day to July 1, 2016.”

However, as seen above, C did not receive proper hospitalized treatment, such as going beyond the stairs and having not been able to do so, and having been hospitalized formally, and having been hospitalized from time to time, and having been staying out or staying outside.

In collusion with C, the Defendant received total of KRW 1,794,201, including medical expenses for hospitalization, from the victim company on July 18, 2016, by deceiving the employees in charge of the victimized person, and acquired the money by transfer from C to the national bank account (F) in the name of C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. Application of the subscription form, insurance claim form, medical records, certificates of admission and discharge, and the Acts and subordinate statutes on receipt of each hospitalization fee;

1. Article 347(1) and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (a confession and reflects, and the Defendant was able to prosecute C and the Defendant with the insurance company by clarifying the crime of conspiracy with C.

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