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(영문) 수원지방법원 안산지원 2017.08.11 2017고단102
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2016, the Defendant was sentenced to a suspended sentence of two years on June 8, 2017 by imprisonment with prison labor for a violation of road traffic law (dacting driving) at the support of the Suwon Friwon method, and the said judgment became final and conclusive on June 8, 2017.

On September 30, 2004, the Defendant entered into a contract with Ameras Ameras Medical Insurance (State) and female Plus Medical Insurance.

On February 27, 2009, the Defendant made a false statement to the effect that “The Defendant paid insurance proceeds to the victim Emerasian Co., Ltd., for a long time, due to a disease, such as cutting down on the left-hand pelter, etc., and the need for long-term hospitalized treatment,” which was conducted from November 10, 2008 to November 29, 2008, as he/she received hospitalized treatment in C et al., for 20 days from November 10, 2008.”

However, even though the above disease was relatively insignificant and has not been treated for a long time, the defendant was hospitalized for an unnecessary long time as seen above with the intention to receive a large amount of insurance proceeds.

Nevertheless, the Defendant, as above, received KRW 28,325,601 in total from the damaged person 18 times from March 2, 2009 to July 21, 2015, as shown in the list of crimes in the attached Table, including the fact that he/she deceivings the injured person and received KRW 240,700 as insurance money from the injured person on or around March 2, 2009, and received KRW 28,325,601 from the damaged person as insurance money.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to D;

1. The details of an application for insurance, insurance policy, details of an insurance contract, accident, details of payment of insurance proceeds, suspected points of each hospitalization, response to a request for deliberation on the propriety of hospitalization, the result of a review on the propriety of hospitalization, the list of hospitalization by period of hospitalization, the list of hospital deposits by type of disease, the list of hospital deposits by type of diagnosis, the list of out-of-the-spot analysis, the analysis of medical records, the records of the analysis of medical records of the judgment (Evidence 27), the records of the defendant's obligation, claims for insurance

1. Previous Records: The results of inquiry, summary information of the case, and each of them.

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