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(영문) 광주지방법원 목포지원 2015.01.30 2014고단328
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

From August 22, 2008 to August 14, 2012, the Defendant purchased a total of six insurance companies, including drhyname insurance and well-being periodical insurance of the victim interesting Korea Life Insurance Co., Ltd.

The Defendant, by taking advantage of the fact that he was insured, was hospitalized for a longer period than the actual period of hospitalization, and received a written confirmation of hospitalization, and had the same attached thereto, deceiving the insurance company to claim insurance money, thereby inducing the Defendant to receive insurance money.

The Defendant was hospitalized for 72 days at G Hospital located in Heposi F from August 22, 2008 to November 1, 2008 due to sacrifa, misappropriation, etc. However, the fact is sufficient when the Defendant was hospitalized for 21 days, and there was no need to undergo such long-term hospitalization as above.

On November 3, 2008, the Defendant claimed insurance money by attaching a written confirmation of hospitalization, etc. issued from the above hospital to the victim Geum Ho Life Insurance Co., Ltd. (at present, changed to the KDB Life Insurance Co., Ltd.) on or around November 3, 2008. The Defendant received insurance money of KRW 2,864,505 from the victim company around November 18, 2008 and received insurance money of KRW 95,93,227 from the victim insurance company from August 22, 2008 to August 14, 2012.

Accordingly, the defendant was given property by deceiving the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1.-The analysis of the current status of hospitalization by hospital (A), the period of hospitalization by hospital (A), the list of accidents (A), the results of medical analysis (A), the response to the request for review (A), the claim for insurance proceeds and the application of payment-related legislation (two rights of investigation records).

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The extent of Article 62 (1) of the Criminal Act to the defendant;

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