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(영문) 인천지방법원 2014.09.19 2014고정1581
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 22, 2012, the Defendant, as a nurse of “F” in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, an incorporated association C Association (representative D), was involved in a traffic accident around December 22, 2012, and issued a certificate of entrance and discharge even if the Defendant did not actually receive hospitalized treatment from F, he/she received insurance money as if he/she received hospitalized treatment.

On December 22, 2012, the Defendant prepared and hospitalized a written hospitalization to be hospitalized for 16 days from the above “F” to January 7, 2013, and then lived differently with his usual meeting, such as going through or going out from the house located in Nam-gu G, Nam-gu.

Nevertheless, on April 9, 2013, the Defendant claimed insurance money as if he had received adequate hospitalized treatment from the victim LIG damage insurance company, and its equipment received KRW 480,000 insurance money from the victim LIG damage insurance on the 11th of the same month from the victim corporation, and deceiving the victims in the same manner as indicated in the attached crime list, and then transferred KRW 2,051,250 to four times from the victims.

Summary of Evidence

1. Partial statement of the defendant (as of the third and fourth trial date);

1. Partial statement of the witness H in the court;

1. A copy of the H Examination Protocol, and one copy of the Examination Protocol of the I;

1. Details of currency;

1. Details of the payment of insurance proceeds, documents claiming insurance, etc. (32 pages of investigation records);

1. Determination as to the defendant and his/her defense counsel's assertion of medical records (55 pages of investigation records), analysis of medical records (66 pages of investigation records)

1. The Defendant and his defense counsel, who committed the crime, denied the crime by asserting that the Defendant did not constitute a crime of fraud since he was hospitalized in the above F and received each insurance money in good faith after having been hospitalized in the traffic accident around December 22, 2012.

2. Determination

A. “Hospitalization” means a side effect that causes a drug with very low resistance to a patient’s disease or is administered by the patient.

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