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(영문) 부산지방법원 2015.09.09 2015고단2442
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2012, the Defendant was North Korean defectors who had escaped from Korea on December 2, 2002, and opened from C to A around February 2, 2012. The Defendant sought to find the hospital in the written form to facilitate hospitalization and outing, and received unnecessary hospitalization, and used it to receive insurance money.

Around August 31, 2009, the Defendant found at a D Hospital located in Kimhae-si, Kimhae-si, and complained of F, the president, who is the president, for the same year.

9. Until April, 9. The hospital was hospitalized in the hospital for five days.

However, in fact, the Defendant was hospitalized in order to receive insurance money when hospitalized, because the Defendant did not receive any other treatment except for physical treatment or drug treatment once a day average during the period of hospitalization.

Nevertheless, around September 21, 2009, the Defendant applied for insurance money, such as daily hospitalization allowances, as if he were inevitably hospitalized in the victim Samsung Fire Marine Insurance Co., Ltd., a insurance company to which the Defendant subscribed, and received KRW 1,148,000 from the victim, and received KRW 1,148,00 from the victim. From around that time to April 2, 2014, the Defendant received the total amount of KRW 27,816,301 from the D Hospital to the victims, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. An application form for an insurance contract, a written claim for insurance money, a certificate of release on a deposit, a detailed statement of payment of insurance money, data on A analysis, and medical advice;

1. Application of Acts and subordinate statutes to report on investigation (the analysis of monetary details);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) and mitigation area (one month to one year) [Special Convict] [the decision of sentence] defendant is the time of committing a crime.

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