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(영문) 광주지방법원 순천지원 2017.03.30 2016고단2489
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From December 16, 1997 to September 4, 2009, the Defendant subscribed to five insurance companies, including the Victim Teaching Life Co., Ltd. (total monthly payments of KRW 469,460). From the same disease under the terms and conditions of the above insurance contract, the Defendant paid insurance money up to 120 days in total when hospitalized into the same disease after the lapse of 180 days in the blank period after the discharge, and the insurance money is paid up to 120 days in the case of re-hospitalize the same disease after the discharge. In the case of other diseases after the discharge, the Defendant was willing to receive the insurance money by converting the type of disease and the hospital for a long time, and repeating the period of hospitalization.

On April 1, 2008, the Defendant hospitalized the E convalescent in the E convalescent Co., Ltd. D for 31 days after being hospitalized, and received a written confirmation of hospitalization on April 30, 2008, and received the written confirmation of hospitalization on April 30, 2008, and filed a claim for insurance money with the victim Samsung Fire Co., Ltd., as the Defendant received hospitalization treatment at the hospital for a long time

However, at the time of the above hospitalization, the defendant was recommended by the medical personnel to provide outpatient treatment, was conducted only during the period of hospitalization, and the defendant's condition is necessary for continuous observation of the medical personnel or for continuous administration and treatment of drugs, such as going out of the next day of hospitalization, and there was no need for hospitalized treatment.

As above, the Defendant: (a) deceiving the victim Samsung Fire Co., Ltd. and receiving KRW 2,252,388 from the victim Samsung Fire Co., Ltd.; and (b) around that time, the Defendant claimed insurance proceeds respectively from the victim insurance companies to November 5, 2013; and (c) received total of KRW 179,693,328 from the victim insurance companies over 64 times, as indicated in the attached list of crimes in the attached list of crimes.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. The defendant's person;

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