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(영문) 서울북부지방법원 2019.03.21 2018고단296
사기등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 1999, the Defendant subscribed to the “C Insurance” of the victim B Co., Ltd., which paid insurance money according to the number of hospitalization days.

Based on the fact that the Defendant subscribed to an insurance policy that pays insurance money according to the number of hospitalization days, the Defendant was able to obtain the insurance money, such as hospitalization allowances, by making it unnecessary, even though it is sufficient to provide hospital treatment and does not have a disease to the extent of hospitalization or sufficient short-term hospitalization.

From January 21, 2008 to February 23, 2008, the Defendant was hospitalized for a period of 34 days at E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government for 14 days, but after being hospitalized for 34 days on May 13, 2008 after claiming insurance proceeds of KRW 1,200,000, excluding KRW 550,000,000 of the insurance proceeds equivalent to the appropriate number of days of hospitalization, and the Defendant acquired property benefits of KRW 650,000, excluding the insurance proceeds of KRW 550,000,000, as shown in the attached list of crimes, and continued unnecessary hospitalization or long-term hospitalization for 20 times in total, and received insurance proceeds of KRW 42,875,00,00 from the victim B corporation, and stated the insurance proceeds of KRW 4,240,000 corresponding to the appropriate number of days of hospitalization as “4,240,000.”

38,635,00 won, excluding B, acquired property profits equivalent to 38,635,000 won.

2. On June 4, 1999, the Defendant attempted to commit fraud subscribed to the “C Insurance” of the victim B Co., Ltd., which is paid insurance money according to the number of hospitalization days.

Based on the fact that the Defendant subscribed to an insurance policy that pays insurance money according to the number of hospitalization days, the Defendant was able to obtain the insurance money, such as hospitalization allowances, by making it unnecessary, even though it is sufficient to provide hospital treatment and does not have a disease to the extent of hospitalization or sufficient short-term hospitalization.

The defendant's facts in G convalescent F in Dongdu City from January 27, 2010 to May 12, 2010 shall be for a long period.

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