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(영문) 울산지방법원 2013.08.29 2013고정87
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 13, 2001, the Defendant had been receiving medical treatment from the E clinic located in Ulsan-gun, Ulsan-gun.

On November 28, 2002, the Defendant purchased an insurance policy for the treatment of urology, which is an insurance product for the victim's life insurance (the State). On January 28, 2008, the Defendant subscribed to the F, which is an insurance product for the victim's insurance, in the name of F, which is an insurance product for the victim. At the time of each subscription, the Defendant did not notify that there was a history of treating urology on the part of the victim. Each of the above insurance products can not be purchased if urology exists.

The Defendant received medical treatment from November 19, 2008 to December 8, 2008 of the same year with regard to the treatment of urology from the Kandong Hospital, upon receiving the payment of insurance money from the victim on December 19, 2008 based on the above subscription insurance, and received insurance money of KRW 850,000 on December 22, 2008, and received medical treatment with urology and urology 11 times as stated in the annexed crime list, and received insurance money of KRW 46,750,000 in total from each of the above subscription insurance and received insurance money from the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving the total sum of the above insurance money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Responses to the request for cooperation;

1. All of the suspect medical records;

1. Application of Acts and subordinate statutes to request the investigation of victims' teaching life and payment of insurance proceeds to suspects;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim is the defendant or wife, and the F, at the time of the conclusion of each of the above insurance contracts, has the urology with each insurance solicitor.

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