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(영문) 인천지방법원 2018.12.21 2018노2782
사기
Text

The judgment below

The part of the crime of paragraph 1(a) of the judgment and the second crime of the judgment shall be reversed.

The defendant shall be punished by a fine of five million won.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the defendant merely received treatment of his own disease, and there is no fact that he acquired insurance money as stated in the facts of the crime in the judgment below.

B. The punishment of the lower court (the crime of paragraph 1-A in its holding, the crime of paragraph 2 in its holding: Imprisonment with prison labor for 8 months (two years of suspended execution), and the crime of paragraph 1-b in its holding: imprisonment with prison labor for 2 months (two years of suspended execution) and community service for 80 hours) is too unreasonable.

2. Ex officio determination as to the part concerning the 1-A, No. 2, as stated in the judgment of the court below

A. The summary of the facts charged under paragraph (1) of Article 1 of the judgment below (hereinafter “the facts charged”) of the judgment of the court below is that the Defendant acquired multiple insurance, such as the Victim A’s Non-Life Insurance Co., Ltd.’s non-payment health guarantee insurance, the Victim Korea Life Insurance Co., Ltd., with love for dividends for the non-payment of the non-payment of the non-payment, and the Victim CI insurance, non-distribution security franchise insurance, the Victim Samsung Samsung Samsung C&T Co., Ltd., Ltd., and non-distribution Samsung F&T insurance, and acquired insurance proceeds by repeatedly receiving false hospitalization although the Defendant was not at the location of illness or injury requiring hospitalization.

On July 2, 2008, the Defendant received medical treatment for 29 days from the members of the Yeonsu-gu Incheon District E E E E in the period from June 2, 2008 to June 30, 2008.

The insurance money was claimed by submitting a certificate of discharge with the content that “the release was made.”

However, in fact, the defendant was in a situation where it is possible to sufficiently treat him for 14 days of hospitalization, and there was no need to be hospitalized for 29 days.

Nevertheless, as the defendant had actually been in need of hospitalization, the defendant deceivings the victim and received insurance money of KRW 1,560,000 from the victim around July 14, 2008, and the attached list 1 of the daily list of crimes in the case of Esia 1 "Esia" is a clerical error in Esia.

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