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(영문) 서울중앙지방법원 2018.05.16 2017고단2397
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 6, 2009 to July 31, 2014, the Defendant subscribed to 11 insurance products, including “C”, which were released from six insurance companies, including “C,” etc.

From August 3, 2011 to August 17, 2011, the Defendant hospitalized E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government for 15 days on the ground of the detailed engine salt, and filed a claim for insurance proceeds with the employee in charge of the victim B (the State) on August 28, 2012, submitting documents, such as a written confirmation of admission and discharge for 15 days.

However, since the symptoms of the defendant at the time have been repeated by preservation and prescription, there was no need for the long-term hospitalization for 15 days as the substance of treatment is merely for outpatient treatment.

As above, the Defendant: (a) by deceiving an employee in charge of the victim company; (b) received insurance money of KRW 1,920,000 from the victim company to the Nonghyup Bank account in the name of the Defendant; (c) and (d) subsequently repeated unnecessary long-term hospitalization on a total of six occasions from that time to July 31, 2014, and did not receive substantive hospitalized treatment, such as from time to time during the duration of hospitalization, and (d) deeming that he/she was an individual from time to time during the duration of hospitalization, he/she received total of KRW 36,743,020.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the fourth public trial record;

1. Statement made by the witness G in the fifth public trial records;

1. Statement made by the witness H in the sixth public trial records;

1. A written statement of the I (Post Office Finance Development Institute) and a J (K Stock Company);

1. The current status of the payment of Lday Family Insurance Proceeds (time 6), M status table (time 13), Lday Family Medical Analysis Points (time 14), list of hospitalizations by each person subject to hospital (time 20), list of hospitalizations (time 26), list of hospitalizations by each hospital (time 26), list of card usages (time 33), details of insurance purchases by suspect (time 37), A insurance application form (time 40), and insurance proceeds by company (time 51)

1. Medical advice and response (the latest 33);

1. Each E hospital treatment register (at the end of 58-3, 7) and each.

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