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(영문) 인천지방법원 2014.04.18 2014고정494
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

The Defendant, while receiving hospital treatment due to “inception,” etc., was unable to receive hospital treatment, but it was possible to receive hospital treatment even though it was impossible to receive hospital treatment, he was hospitalized with the knowledge that he could not receive insurance money from the insurance company to which the Defendant joined.

From September 8, 2009 to September 28, 2009, the Defendant was hospitalized in the “D Hospital” located in Incheon Bupyeong-gu Incheon Metropolitan City for 21 days. The Defendant was treated in the form of outpatient treatment, including, but not limited to, a continuous observation by a doctor, such as, five times during the aforementioned hospitalization period, five times outside and going outside the hospital, and one time outside the hospital. The Defendant was treated in the form of outpatient treatment, such as going to the hospital lower than the next day or going to the city of Incheon for a long time.

Nevertheless, the insurance company, which the defendant joined, was treated normally during the above period and claimed the present insurance money.

On October 7, 2009, the Defendant, as seen above, by deceiving the victim foreign currency damage insurance company, obtained 3,983,240 won from the national bank account (Account Number: E) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Some police interrogation protocol of the accused;

1. Records and investigation reports on currency (to analyze the details of currency and arrange insurance data);

1. Written confirmation of hospitalization and medical record;

1. Determination as to the defendant and defense counsel's assertion, such as a letter of insurance money payment

1. The Defendant and his defense counsel, who committed the crime, asserted that the Defendant was forced to go out or stay outside six times due to extenuating circumstances and received normal hospitalized treatment at the D Hospital.

2. Determination

A. “Hospitalization” means a nutritional condition where continuous observation by a medical personnel is necessary in relation to the side effects or incidental effects of drugs, which have very low resistance power or are administered by the patient’s disease.

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