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(영문) 전주지방법원 군산지원 2017.01.18 2016고단81
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 7, 2004 to October 21, 2010, the Defendant respectively deposited five insurance products with the victim Samsung C&T Co., Ltd., Ltd., Samsung T&T 1.3, respectively.

Around December 2, 2008, the Defendant pretended to have hospitalized treatment under the name of C of 26 days from around 2008, when the Defendant had been hospitalized under the name of C of 26 days from around December 30, 2008, by submitting a false certificate of discharge for entry and discharge issued by the above hospital to the victim for insurance money. The Defendant, on December 30, 2008, led to deception of the above victim by claiming insurance money along with a false certificate of discharge for entry and discharge issued by the above hospital.

The Defendant received KRW 690,00,00 for insurance money from the above victim on January 2, 2009, as well as KRW 690,00 for insurance money. From around that time to July 20, 2013 through the same method, the Defendant received from five victim insurance companies totaling KRW 60,796,125, total insurance money, KRW 61,85,125, KRW 125, KRW 1,000 for the last 126, KRW 29,00 for the crime list in attached Table 127,760,00 for the annexed Table 127,00 for the crime committed from around 26, 200 to July 20, 2013 ( KRW 61,85,125,000 for the attached Table 129,000 for the part for which the prosecution was revoked by the prosecution).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Answer to the request for review, including the appropriateness of hospitalization and treatment of the Health Insurance Review Board;

1. Statement protocol by the police for E;

1. A written statement prepared in F, G, and H;

1. Details of hospitalization and receipt of insurance proceeds (the list of evidence Nos 5, 7);

1. Application of Acts and subordinate statutes related to the payment of each insurance proceeds (including a receipt of a claim for insurance proceeds, a certificate of hospitalization, a statement of calculation of insurance proceeds, a copy of passbook, etc.) (Evidence 14);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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