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(영문) 창원지방법원 2015.10.15 2015고단1336
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From September 2002 to July 2008, the Defendant subscribed to five insurance products of the victim Samsung Insurance Co., Ltd., Ltd., for which the daily days of hospitalization overlap depending on the number of days of hospitalization during the period of hospitalization.

The Defendant, as seen above, had subscribed to multiple insurance and received the said insurance money by means of long-term hospitalized treatment, and had no need to receive long-term hospitalized treatment from April 9, 2009 to May 4, 2009, for 26 days from Kimhae-si, Kimhae-si, Kimhae-si for 1071-4, in spite of the fact that there was no need to receive long-term hospital treatment, the Defendant hospitalized the money due to Gyeonghae-si, etc., and received the said insurance money on May 12, 2012 by claiming KRW 1,175,300 to the victim Samsunghae Life Insurance Co., Ltd., Ltd., and received the said insurance money on the 14th of the same month

The Defendant, including that, from around that time to April 3, 2014, received the insurance money of KRW 63,843,183 by deceiving the victim insurance companies by means of false hospitalization at the above Kimhae Hospital as shown in the annexed List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and each internal investigation report;

1. Application of Acts and subordinate statutes on A medical analysis data;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6-100,000 won or less) (6-100,000 won) [decision of sentence] The defendant's act is a serious criminal that may undermine the foundation of the insurance system by taking economic burden to the general insured and causing moral hazard. The defendant has committed the instant crime for a long time repeatedly and repeatedly, which is disadvantageous to the defendant. However, it is an insurance company that does not sell insurance products indiscreetly and manage them appropriately for profit.

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