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(영문) 부산지방법원 동부지원 2016.12.15 2016고정442
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a patient hospitalized by the Articles of Incorporation of the Busan Gun in the “(Loman) Diplomatic Care Hospital of the Organization of the Organization of the Organization of the Republic of Korea” in 601.

In fact, the Defendant committed fraud by taking advantage of the fact that the above hospital hospitalized patients with minor injuries or diseases that need not be hospitalized, hospitalized patients for a long time beyond the period of time that actually requires hospitalized treatment, and neglecting without permission outing and staying outside, thereby claiming insurance proceeds even if they do not receive any actual hospitalization.

From December 17, 2012 to January 14, 2013, the Defendant was hospitalized in the above hospital for 29 days due to bad scarcity, etc., but the Defendant was not required to undergo hospital treatment due to lack of pain or inconvenience. In fact, even if he did not undergo hospital treatment within the above period due to frequent out-of-door and outpatient, he received a certificate of hospitalization and discharge and receipt as if he had undergone hospital treatment within the above period, and received a letter of confirmation of hospitalization and discharge as if he had undergone hospital treatment within the above period, and acquired insurance money from the victim Chinese life insurance company on a total of 24 occasions, such as receiving KRW 580,000 on January 21, 2013 and receiving KRW 16,120,000 from the victim insurance company on a total of 24 occasions as indicated in the list of crimes.

Summary of Evidence

1. C’s legal statement;

1. The result of fact-finding with respect to the chief of the South Korean Institute of Medical Sciences;

1. Analysis of medical records;

1. Details of communications;

1. Each medical examination and treatment book, each record book, and each nurse delivery book;

1. Claims for insurance proceeds, certificates of release on a deposit, claims for insurance proceeds, and receipts;

1. Status of individual entry or departure;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of details of receipt of insurance proceeds);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defendant.

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