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(영문) 수원지방법원 2016.05.19 2016고정496
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 20:00 on December 14, 2013, the Defendant forged private documents: (a) at the hospital located in Dongdaemun-gu Seoul Metropolitan Government C, by using a verification color pen to the patient name column; (b) on the resident registration number column; (c) “E”; (d) “E”; (c) “G”; (d) “G” and “G” and “G” in the joint and several guarantor name column; (d) “H” in the joint and several guarantor name column; (e) “I” in the joint and several guarantor name column; and (e) in the joint and several guarantor name column of the Busan Metropolitan City Shipping Daegu High Court, Busan High Court, joint and several guarantors; or (e) the telephone number of the joint and several guarantor name column; and (e) stated “D” in the patient name and the joint and several guarantor name column.

Accordingly, for the purpose of uttering, the Defendant forged a written hospitalization agreement in the name of D, which is a private document on rights and obligations.

2. The Defendant, at the time, at the place specified in paragraph 1, exercised the instant investigation document as if it were a document that duly formed a forged agreement of hospitalization with the officer and employee M of the said C Hospital, who was aware of the forgery.

3. The defrauded did not have the intent or ability to pay hospital expenses even if he/she was hospitalized in the above C hospital and received treatment. As such, when submitting a forged hospitalization agreement, he/she did so as if he/she was D, and, as if he/she would normally pay hospital expenses, deceiving the victim N, a doctor of the above hospital, and then, deceiving the victim N, a doctor of the above hospital, and then immediately escaped without paying KRW 263,810 on December 16, 2013.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to theO;

1. A written agreement of hospitalization;

1. Application of medical expenses receipt Acts and subordinate statutes;

1. Article 231 of the Criminal Code (the point of Article 231 of the Private Document) regarding criminal facts and the choice of punishment.

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