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(영문) 창원지방법원 2018.02.13 2015고단3525
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged in the instant case purchased three insurance products, such as Korean Commercial and Non-Life Insurance Co., Ltd., Ltd., for which the daily amount of hospitalization is overlapping depending on the number of days of hospitalization during the period from October 2004 to June 2007.

Although it is possible for the Defendant to take out a multiple insurance policy as above, he thought that he will provide long-term hospitalized treatment and receive insurance money, and even from April 27, 2009 to May 28, 2009, the Defendant hospitalized the E hospital located in Kimhae-si for a long time from April 27, 2009 to 32 days, on the ground of the fact that there is no need for long-term hospitalized treatment to the E hospital located in Kimhae-si, Kimhae-si, i.e., “power lines and damage to the flag at the heart and flas,” and received the above insurance money around June 2, 2009 by claiming insurance money of KRW 923,740 to the victim Hanhae-si Non-Life

The Defendant, including that, from around that time to September 19, 2014, received insurance money of KRW 152,981,274 from the victim insurance company by deceiving the victim insurance company in the same way as the attached Table 1 and the attached Table 2.

2. Determination

A. (1) The relevant legal doctrine (1) The burden of proving the facts constituting an offense charged in a false criminal trial is to be borne by the prosecutor, and the conviction is to be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decisions 92Do3327, Mar. 23, 1993; 9Do4305, Feb. 25, 200).

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