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(영문) 인천지방법원 부천지원 2019.06.21 2019고단461
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On July 13, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court, and the execution of the sentence was terminated on July 12, 2013.

【Criminal Facts】

The Defendant subscribed to a large number of guaranteed insurance policies to which hospitalization insurance money, health care benefit, etc. are to be paid in the event of being hospitalized due to injury or disease, and attempted to receive insurance money by making a long-term repeated hospitalization as if it were a serious disease that requires long-term hospitalization treatment, even though it was sufficient for hospital treatment or short-term hospitalization.

On September 27, 2013, the Defendant purchased 11 kinds of insurance policies, including B, D, E, F, G, H, I, K, K, L, and M, from that time until September 30, 2013, including the Defendant’s accession to C.

From October 17, 2013 to January 6, 2014, the Defendant: (a) hospitalized the “P Hospital” located in Incheon O into the name of sick person, such as brain dead, etc. on the ground that an abortion accident occurred in front of the branch in Incheon N around October 16, 2013; (b) filed a claim for insurance proceeds under the presumption that he/she was hospitalized in the normal hospital; and (c) received KRW 920,000 from the victim B around November 12, 2013; and (d) from that time until September 20, 2017, the Defendant received insurance proceeds in total from the victim by claiming for a long-term hospitalization for a total of more than 29 times, as described in the list of crimes, from September 20, 2017.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of each police statement made to Q, R, S, T, U, and V;

1. A written request for medical advice and consultation;

1. Details of the account, details of financial transactions A by a suspect, claims/payment documents by a suspect A, and a suspect A diagnosis and treatment set;

1. A previous record of judgment: Application of statutes, such as certified copy, abstract, criminal records, immigration records, records of confinement, and inquiry results;

1. Each of the relevant Articles of the Criminal Code and the choice of punishment for the crime shall be covered by each of the victim companies under Article 347(1) of the Criminal Code.

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