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(영문) 서울중앙지방법원 2016.10.26 2016고정1966
사기
Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged is an overseas travel insurance policyholder, which is an insurance product sold by the victim Samsung F&M Marine Insurance Co., Ltd. (hereinafter “victim”) around February 1, 2012. A.

Around May 8, 2012, the Defendant: (a) received medical treatment documents, such as a receipt (107,000 finite, approximately 2.6 million finite, and KRW 2.6 million) from the Cmerdigic Center located in the Philippines due to symptoms of definating the Republic of Korea; (b) entered the Republic of Korea; and (c) visited the victim company located in Jung-gu Seoul, Jung-gu, Seoul, and submitted a claim for insurance proceeds, etc. on May 8, 2012.

However, in fact, the medical expenses actually paid by the defendant were approximately KRW 300,000 to KRW 400,000, and the medical expenses such as the receipt of the above medical expenses were false and excessive.

The Defendant, as such, received KRW 2,586,240 as insurance money from the victim company on May 14, 2012.

B. On October 26, 2012, the Defendant was hospitalized in the above Cmerdi Center due to the symptoms of typhoid, and received treatment from October 3, 2012 to November 3, 201 of the same year, and entered the Republic of Korea after receiving treatment documents, such as a receipt for medical expenses (110,500 Pacc, approximately KRW 2680,00), from the above hospital, and submitted a claim for insurance proceeds, etc. by visiting the victim company on April 22, 2013.

However, in fact, the medical expenses actually paid by the defendant were approximately KRW 300,000 to KRW 400,000, and the medical expenses such as the receipt of the above medical expenses were false and excessive.

On April 24, 2013, the Defendant was accused of such deception and received KRW 3,00,075 as insurance money from the victim company.

2. As long as the Defendant denies the facts charged in this court, the police interrogation protocol against the Defendant that the Defendant actually spent medical expenses are merely KRW 30 to 400,000,000, cannot be trusted, and otherwise, the Defendant actually spent.

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