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A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
Punishment of the crime
The defendant had subscribed to several insurance companies, such as life insurance company, etc. for victims, and had not hospitalized them, and had the victim receive insurance money from the victim insurance companies by means of long-term hospitalization, although it is possible to provide outpatient treatment without being hospitalized.
On August 13, 2009, the Defendant: (a) hospitalized the victim in the name of the E Hospital located in Gwangju North-gu, Gwangju, under the name of the name of the “culatory” and the “culatory high blood pressure” by requesting hospitalization; and (b) submitted a written confirmation of hospitalization to the Life Insurance Co., Ltd. and applied for insurance money on August 21, 2009.
However, at the time of fact, the disease of the defendant was sufficient for hospital treatment or at least for a long period of time.
On September 18, 2009, the Defendant deceptioned the victim insurance company, and received 777,905 won in total from the victim insurance company on two occasions from the victim insurance company on September 18, 2009, and received 157,814,359 won in total from the victim life insurance company, Samsung life insurance company, researchG life insurance company, gold life insurance company, Samsung Fire & Marine Insurance company, and Samsung Fire & Marine Insurance Co., Ltd., respectively, for 119 times in total, even though there was no need to be hospitalized up to 18 times in the above manner or there was no need to be hospitalized for a long period of time from March 12, 2012.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G, H, I, J, K and L;
1. Statement of the police statement of M;
1. Details of investigation reports (Attachment to the currency details), telephone calls, and health insurance benefits;
1. Analysis of records of hospitalization and treatment;
1. An analysis sheet of each table;
1. Application of the detailed statement of insurance coverage and the Acts and subordinate statutes related to hospitalization;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The aggravated Criminal Act for concurrent crimes.