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(영문) 광주지방법원 2018.12.20 2018고정989
보험사기방지특별법위반
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

Around February 27, 2017, the Defendant received a confirmation letter, receipt of medical expenses, etc., stating that he/she received hospitalized treatment, even though he/she had not received normal hospitalized treatment from the D oriental medical hospital located in Gwangju Mine-gu around February 14, 2017 to February 27, 2017, due to the catum, pelvise, tension, etc., from around February 14, 2017. On March 7, 2017, the Defendant submitted a written claim for the payment of insurance proceeds and a confirmation letter, etc. to the employees of the victim Samsung Fire Insurance Co., Ltd., and received KRW 1,194,360 from the same date.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written opinions, reports on criminal investigation intelligence and reports on the commencement of internal investigation;

1. The details of telephone calls and the location of the station where the call was sent (Evidence No. 12);

1. Application of Acts and subordinate statutes to the details of claims for insurance proceeds and the details of receipt thereof (the net 18);

1. Relevant provisions of the Acts concerning facts constituting an offense, Article 8 of the Special Act on Prevention of Fraud of Insurance Contracts, and Selection of a fine (including changes in circumstances in circumstances in which excessive insurance proceeds have been returned to the victim after notification of the summary order);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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