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(영문) 부산지방법원 서부지원 2019.07.10 2019고정245
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) on September 10, 2015, issued C’s diagnosis certificate under the name of “A” in the name of “A” in the name of E Council member located in Seo-gu, Busan; (b) on September 22, 2015, the Defendant submitted the said diagnosis certificate to the Victim G; and (c) filed a claim for a thirm diagnosis expenses, etc. on September 23, 2015; and (d) received KRW 409,100 as insurance money from the Victim on September 23, 2015, and received KRW 1,729,100 as insurance money from the Victim Company on six occasions as indicated in the attached list of crimes (1).

2. Although the Defendant did not have suffered any injury to the aggregate of the insurance proceeds in the name of the Defendant, on March 9, 2018, in the Ethical meeting as indicated in Paragraph (1) of Article 2018, the Defendant did so, and issued a written diagnosis from the physician F under the name of “alleys/unexplication of the aggregate” from the Ethical meeting. On March 19, 2018, the Defendant submitted the said written diagnosis to the Victim H and claimed for the pel examination expenses, etc., and received KRW 100,000 from the victim H as the insurance proceeds under the name of the aggregate insurance proceeds on March 27, 2018, and received KRW 4,100,000 from the victim company on six occasions as indicated in the attached list of crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (attached details of text messages sent to and received by a suspect A with I), claims for and payment of A insurance proceeds, details of insurance coverage and payment, claims for and payment of C insurance proceeds, details of insurance coverage and payment, insurance policies, medical records, etc. A, C, A, and C appraisal inquiry reports;

1. Relevant laws concerning facts constituting an offense, Article 347(1) of the Criminal Act (the taking of insurance proceeds under paragraph (1) at the time of sale), Article 8 of the Special Act on Insurance Fraud Prevention (the taking of insurance proceeds under paragraph (2) at the time of sale, and the taking of insurance proceeds to the victim post offices), and selection of fines, respectively;

1. Aggravation for concurrent crimes;

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