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(영문) 창원지방법원 2016.11.16 2015고단2943
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 25, 2009 to March 15, 2013, the Defendant subscribed to 11 insurance products, such as interesting countries, fire insurance companies, etc., for which the daily amount of hospitalization is paid in duplicate depending on the number of days of hospitalization during the period of hospitalization.

As above, the Defendant subscribed to a multiple insurance and received the insurance money on the same day from February 9, 2010 to February 25, 2010. Notwithstanding the fact that there is no need for long-term hospitalized treatment in the Dental branch located in the Masan-si, Changwon-si, Masan-si, for 17 days, from around February 9, 2010 to around February 25, 201, the Defendant hospitalized the Defendant as “evaction” and received the above insurance money on March 2, 2010.

The Defendant, including that, from around that time to February 25, 2015, by deceiving the insurance company of the victim as stated in the attached crime list, received total amount of KRW 80,268,937 from the victim and acquired the insurance money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Terms and conditions of each insurance company's contract and subscription forms;

1. Written requests for insurance and insurance from a post office, dynamic life, tea, interest station fire, AI, LIG, MIz fire, and post office;

1. Each medical records;

1. Medical analysis and application of advisory Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) [6-1.6 months] and the basic area (special mitigation) [6-1.6 months]] where victims are also responsible for the occurrence of a crime or the expansion of damage, and where victims are committed for an unspecified or unspecified number of victims or repeatedly during a considerable period of time (decision of sentencing] Insurance frauds are liable to the sincere general policyholders and cause moral hazard, thereby increasing social expenses.

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