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(영문) 의정부지방법원 고양지원 2016.05.26 2015고단1394
사기
Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 2, 2013, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Southern District Court, and the sentence was finalized on the 30th of the same month on the 30th of the same month.

The Defendant purchased 10 insured goods, including “A Family Love Insurance” that is paid for operating expenses, hospitalization expenses, etc. on October 30, 2009, when he/she undergoes surgery or undergo hospitalized treatment due to disease, disaster, etc., through her mother network D. Even though it is not necessary to undergo hospital treatment, the Defendant was able to receive hospitalization expenses, etc. from an insurance company even though he/she did not need hospital treatment.

From November 15, 2011 to December 5, 2011, the Defendant: (a) was hospitalized in the Hyundai Hospital located in Yongsan-gu, Kimhae-si; (b) the fact that the Defendant did not need to be hospitalized because of the lack of any fact to the extent of treatment for hospitalization; and (c) was hospitalized in the name of sick State, such as “patum catitis”; and (d) on December 7, 2011, on the ground of false treatment for hospitalization, the Defendant claimed for the insurance proceeds under the name of hospitalization in relation to insurance products, such as “A family love insurance” in the victim AI non-life insurance; and (c) was issued from the AIG non-life insurance to the City Bank account (E) in the name of the Defendant.

In addition, from around the above time to May 23, 2013, Defendant 2 was hospitalized in four times as shown in the “Attachment” crime list, and acquired money by remitting KRW 24,168,642 as insurance money.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Copy of the police statement made to F;

1. Details of payment of insurance proceeds, insurance fraud records (all data submitted to an insurance company, such as details of insurance coverage and contracts, requests for payment of insurance proceeds, and medical certificates), and financial transaction replies;

1. A; the details of analysis data and medical records analysis; the list and contents of analysis;

1. Previous convictions indicated in judgment: Investigation reports, and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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