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(영문) 광주지방법원 2020.01.15 2019고단3658
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Despite the fact that there was no disease or injury or that there was no need for hospitalized treatment after being concentrated on insurance products of various insurance companies, the Defendant had taken care of the oriental medical hospitals, etc. located in the Gwangju metropolitan area where patient management was neglected to receive insurance money, and had them enter free communication after being registered as inpatients, and had not received hospital treatment or hospital treatment but received hospital treatment, the Defendant was willing to obtain insurance money by obtaining documents necessary for the claim of insurance money, such as false certificates of entrance and discharge, as if he had received hospital treatment.

On April 9, 2018, the Defendant submitted a claim for insurance proceeds to the effect that “The Defendant received medical treatment at C Hospital from February 19, 2018 to March 12, 2018 due to any climinary and other conical disorder accompanied by the nephical ppuri disease certificate, and thus, the Defendant would be able to pay the insurance proceeds under the pretext of hospital treatment.”

However, in the case of the defendant, there was no need to be hospitalized at the time and there was no need to receive treatment, and the disease can be treated through the hospital.

The Defendant received KRW 1,099,480 from the victim on April 10, 2018 as hospitalization expenses.

In addition, the Defendant was transferred KRW 20,58,158 from around that time to November 24, 2018 by five insurance companies for seven occasions, such as the list of crimes in attached Table.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Report on internal investigation (Attachment to the details of sending mobile phones, etc.), the details of hospitalization of the accused;

1. Reports on internal accidents (the result of analyzing the location of a base station for mobile phones);

1. Report of investigation (Preparation for revision of list of crimes);

1. Application of Acts and subordinate statutes on insurance claims and payment documents;

1. Article 8 of the Special Act on the Prevention of Insurance Fraud, and Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. Article 62(1) of the Criminal Act:

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