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(영문) 부산지방법원 2013.04.11 2013고정289
사기
Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A’s criminal act did not have been hospitalized in Busan East-gu D Hospital from October 15, 2009 to November 3, 2009 and received treatment.

Nevertheless, around November 10, 2009, the Defendant issued a false certificate of entry and discharge as if he had been hospitalized for 20 days with salt, tensions, etc. on the above date and received treatment, and then acquired 510,000 won by transfer through the agricultural bank passbook in the name of the Defendant, and acquired 1,910,000 won in total over four times as shown in the attached Table Nos. 1 through 4.

2. Defendant B’s crime

A. The Defendant did not have been hospitalized in a hospital as specified in paragraph (1) from November 27, 2009 to December 17, 2009 and received treatment.

Nevertheless, around December 201, 201, the Defendant obtained a false certificate of entry and discharge as if he was hospitalized for 21 days in the above date and received treatment due to prone kneoman certificate, etc. on both sides on the above date and received a false certificate of entrance and discharge, and acquired 1,530,000 won by transfer to the Busan bank passbook in the name of the Defendant, and acquired 4,736,525 won in total on five occasions as shown in the attached crime list Nos. 5 through 9.

B. The Defendant did not have been hospitalized in the pertinent hospital from September 30, 201 to October 19, 2011 and received treatment.

Nevertheless, around October 31, 201, the Defendant: (a) obtained a false certificate of admission and discharge from a hospital as if he/she had been hospitalized for 20 days on the above date and received treatment due to an unknown knee pers, etc.; (b) obtained a false certificate of admission and discharge; and (c) acquired KRW 1,020,000 by transfer to the Busan Bank passbook in the name of the Defendant; and (d) obtained by defrauding KRW 3,475,040 on five occasions as shown in the attached list of crimes Nos. 10 to 14.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written claim for each accident insurance proceeds and a written confirmation of release on admission;

1. An investigation report (a false patient screening report, such as an assistant nurse), 1.

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