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(영문) 전주지방법원 군산지원 2016.11.29 2016고단54
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From June 24, 1998 to February 15, 2005, the Defendant subscribed to six insurance contracts from around June 24, 1998, including the Victim Samsung Life Insurance Co., Ltd.’s Health Insurance (Refund type).

Around January 16, 2009, the Defendant pretended to have hospitalized treatment in the name of “D Hospital located in Hasan-si C” as a minor injury, which requires long-term hospitalized treatment and can be provided only with outpatient treatment. However, around that time, from February 5, 2009 to February 5, 2009, the Defendant accused the victim by claiming for insurance money, along with a false certificate of discharge from a hospital issued by the said hospital.

The Defendant received KRW 1,200,311 from the victim as insurance money on February 17, 2009 and received KRW 54,458,962 in total from around that time to June 12, 2013 by the same method as in the list of crimes in the same manner.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Responses to requests for review, such as the propriety of hospitalized treatment;

1. Application of telephone details and Acts and subordinate statutes governing claims for insurance proceeds;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The Defendant alleged that he received insurance money on the date and time stated in the facts constituting a crime, but actually hospitalized the Defendant in a hospital as to whether he was hospitalized in the hospital due to inconvenience in body.

The Health Insurance Review and Assessment Service, which is a historical evidence submitted by the prosecutor, shall not be insured for the purpose of acquiring insurance money.

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