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(영문) 광주지방법원 2018.03.08 2017고정1876
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As an opportunity for the Defendant to subscribe to three insurance, including “new assistant health insurance,” etc., the Defendant committed an attempt to receive insurance proceeds by receiving documents necessary for the receipt of insurance proceeds, such as a written confirmation of entry and discharge, as if he had received adequate hospitalized treatment during the duration of hospitalization, and submitting them to the said insurance company, even though he/she did not believe that only the necessity of hospitalization for the insured in the insurance company, the appropriateness of the duration of hospitalization, and the written confirmation of entry and discharge issued by the hospital, and that he/she paid insurance proceeds to the beneficiary using the work behavior and terms and conditions of the insurance company that pays

Thus, from April 28, 2017 to May 11, 2017, the Defendant received hospitalized treatment for 14 days in the name of “the catum base and tension” from B hospital under the name of “the catum base and tension,” and thereafter filed a claim for insurance proceeds with the Ganyang Life Insurance Co., Ltd. on May 16, 2017.

However, during the period of hospitalization, the Defendant only provided outpatient treatment, such as diving at the residence, daily life, etc., and did not actually received hospital treatment during the period of hospitalization.

Nevertheless, the Defendant received KRW 220,00 as insurance money from Samsung Life Insurance Co., Ltd. on May 16, 2017 and received KRW 110,000 from Samsung Life Insurance Co., Ltd. on May 16, 2017 and received KRW 1,565,40 as insurance money, around May 19, 2017.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Documents attached to the details of sending A of the victim, investigation report (a accompanying a suspect A’s editing details) and attached documents;

1. A written application for an insurance policy for a teaching life, details of subscription for an insurance policy for a same unit of fire, details of subscription for an insurance policy for Samsung Bio-resources, claims for and payment of the training life insurance and fire in the same department;

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