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(영문) 인천지방법원 2013.06.10 2013고정1667
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 10, 2008, the Defendant stated that “A hospital located in Nam-gu Incheon for 15 days from July 10, 2008 to July 24, 2008 received hospital treatment for the left side catulation damage and catitis for 15 days,” and filed a false confirmation of hospitalization for 15 days, a copy of medical record, and a copy of the medical record with the victim to the effect that “The Defendant received hospital treatment for the left side catum for 15 days from July 10, 2008 to July 24, 2008.”

However, there was no fact that the Defendant had been hospitalized in the above C Hospital for 15 days from July 10, 2008 to July 24, 2008.

Nevertheless, the Defendant deceiving the victims as above, and received KRW 780,000 as a hospitalization allowance around September 10, 2008 from the victim C&T Life Insurance Co., Ltd., and received KRW 120,000 as a premise of disaster hospitalization allowance around September 10, 2008 from the victim C&T Co., Ltd., and received KRW 120,000 as a hospitalization benefit from around September 11, 2008.

Accordingly, the Defendant received the total sum of KRW 1,020,000 from the victims, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of D or E;

1. A copy of the police statement concerning F;

1. Application of Acts and subordinate statutes to a copy of medical examination and treatment records (investigative records, 83 pages), each claim for insurance proceeds and payment documents (investigative records, 87, 100, 107 pages);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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