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(영문) 광주지방법원 2016.07.20 2016고단1423
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 23, 2007, the Defendant was hospitalized in a member of the Council located in the Dong-gu Seoul Metropolitan City, Gwangju Metropolitan City, and discharged on or around November 8, 2007. However, even though the Defendant was discharged on or around November 8, 2007, there was no need for medical treatment due to long hospitalization at the hospital, and the Defendant was going out and staying outside during the period of hospitalization.

Nevertheless, on March 7, 2008, the Defendant filed a claim for the payment of the insurance money as if he had been hospitalized for 17 days due to symptoms to the extent that hospitalization was actually needed with respect to the victim Korean-Japan Life Insurance Co., Ltd., and received KRW 600,000 on March 11, 2008 from the victim as insurance money.

In addition, from around that time to July 30, 2014, the Defendant claimed insurance money from victims due to traffic accidents, diseases, etc. as stated in the list of crimes in the attached Table, and acquired it as insurance money after receiving total of KRW 63,296,554 from victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of payment of insurance proceeds of families A, reporting on findings of investigation, details of insurance contracts, details of payment of insurance proceeds, details of payment by insurance company, and current status of overlapping hospitalization;

1. The Health Insurance Examination Evaluation Institute, including an application form for insurance contracts, a medical certificate, a written confirmation of hospitalization, a written request for insurance proceeds, records of hospital treatment, and replys;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, and the selection of fines (including the fact that the defendant acknowledges and reflects all his/her errors, and that the defendant has agreed with 11 damaged insurance companies, excluding the LIG non-life insurance (damage amount to KRW 2.950,00), among 12 damaged insurance companies);

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

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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