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(영문) 전주지방법원 군산지원 2016.08.05 2015고단1314
사기
Text

A defendant shall be punished by imprisonment for six months.

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

After purchasing eight insurance products from November 14, 2003 to July 21, 2012, the Defendant subscribed respectively to two insurance companies, such as the victim Samsung Life Insurance Co., Ltd., such as non-dividend Samsung Type Samsung, and thereafter, from March 2, 2009, “D Hospital located in Yasan City” (hereinafter referred to as “D Hospital”) around Yasan City, around March 2, 2009, even though it is a minor injury and needs to be sufficiently treated solely for hospital treatment, it is unnecessary for a long period of hospital treatment and can be provided only for short-term hospital treatment. However, from around that time to April 23, 2009, the Defendant pretended that the Defendant conducted hospital treatment under the name of “C, such as spine disease, bones, bones, etc., with the above hospital.” From around April 23, 2009 to April 21, 201, the Defendant received insurance money from the victim under the name of the victim and the total insurance money received from the victim on May 281, 29, etc.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of claims for insurance proceeds, details of external activities during hospitalization, details of solicitation contracts during hospitalization, and logs thereon;

1. A receipt of a claim for insurance proceeds, a certificate of hospitalization, monetary details, and details of credit card use;

1. Application of response statutes to a request for review, such as the appropriateness of hospitalization and treatment;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the Defendant’s assertion under Article 25(3)3 and 4 and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation

1. The defendant's assertion is receiving hospitalized treatment at a hospital as stated in the indictment due to symptoms such as the written indictment.

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