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(영문) 광주지방법원 2019.11.27 2019고단3659
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for one year.

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

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 March 7, 2018, the Defendant submitted a claim for insurance proceeds to the effect that “The Defendant was treated from February 21, 2018 to March 6, 2018 due to the debris of the details of the summary and the summary of the summary, and that “The Defendant would be entitled to receive the treatment from February 21, 2018 to March 6, 2018.”

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 280,000 won from the victim on March 8, 2018 as hospitalization expenses.

In addition, the Defendant was transferred KRW 32,54,627 from around that time to January 22, 2019 by five insurance companies for totaling KRW 32,54,627 on 15 occasions as shown in the separate crime list.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

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

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Imprisonment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act - favorable circumstances: The defendant's mistake.

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