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(영문) 서울북부지방법원 2017.11.24 2017고정641
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

D hospital in Seongbuk-gu Seoul Metropolitan Government is a hospital operated normally, such as facilitating entry into so-called office hospital and without permission, and making confirmation of hospitalization for patients although it is not actually hospitalized.

From April 6, 2016 to April 25, 2016, the Defendant filed a claim for insurance proceeds with the Korea-Japan Non-Life Insurance Co., Ltd. on the ground that the Defendant was hospitalized in D Hospital and received medical treatment. However, the Defendant had never received normal hospitalized treatment, such as from time to time outing during the pertinent period. As such, the Defendant, by deceiving the victim as above, received KRW 2,500,000 from the victim for the purpose of hospital treatment on April 28, 2016, and received hospital treatment two times in total, as shown in the list of crimes in the attached Table, including the Defendant received KRW 5,100,319,000 from the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E, F and G;

1. A protocol concerning each of the police suspects against F, G, or E;

1. Application of A (the details of payment of insurance companies and the analysis of set of medical records) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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