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(영문) 전주지방법원 2016.08.11 2015고정297
사기
Text

Defendants are innocent.

Reasons

1. The fact of works;

A. Defendant B had subscribed to various insurance companies, including AIA life, for a disease and accident insurance, and had been hospitalized in each hospital with intent to receive insurance money, such as daily allowances for hospitalization.

From September 7, 2013 to September 21, 2013, the Defendant received a certificate of hospitalization from the I oriental medical hospital located in Ha in Y in Y in Y in Y in Y in Y in Y in Y in Y, and received the insurance proceeds from the AIA’s life and the Hanan Non-Life Insurance Co., Ltd. (hereinafter referred to as “ Hanan Non-Life Insurance”), and received the insurance proceeds of KRW 600,000, and KRW 2,607,410 from the Hanan Non-Life Insurance.

B. Defendant A subscribed to various insurance companies, such as modern sea areas, for disease and accident insurance, and committed a false hospitalization at a hospital to receive insurance money, such as daily allowances for hospitalization, etc.

From December 31, 2011 to January 21, 2012, the Defendant received insurance proceeds of KRW 4,869,300,000 in total twice by July 11, 2013, as shown in the list of crimes in the attached Table, from the I oriental medical hospital located in Y in Y, Jeonsi-gu, Jeonsi, with a written confirmation of hospitalization issued to the effect that he was hospitalized under sick name, such as “a climatic trend and other obstacles accompanied by chronic ppuri disease,” and claimed insurance proceeds on the life and modern sea, and received insurance proceeds of KRW 3,966,300,00.

2. Relevant legal principles

A. “Hospitalization” in the context of hospitalization and insurance fraud refers to where continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs, which are very low in resistance to or are administered by the patient’s disease, and where the management of nutritional conditions and food intake is necessary, where the patient’s pains are in need of continuous care, and where the patient’s condition is in a state of being unable to cope with the patient’s disease, or where the patient’s condition is in a state of being unable to cope with the patient’s disease, or where the patient’s risk of infection exists, the patient is being treated while staying in the hospital.

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