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(영문) 전주지방법원 군산지원 2015.07.03 2015고단119
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Joint criminal conduct with C (related to the insurance purchase under the name of the defendant), the defendant received proposals from C while failing to repay loan obligations to C, and conspired to collect insurance money from an insurance company through false hospitalization and pay the debt.

On February 10, 209, the Defendant was issued KRW 272,845,799 as insurance money from an insurance company 65 times in total for 272,845,799, as stated in the attached Table of Crimes (1) from around March 25, 2014, for the following reasons: (a) the Defendant received a diagnosis from “a hospital located in Gunsan-siD,” on the ground that he was far away from the outbreak of Aars, etc., and was hospitalized for 29 days from March 10, 2009; and (b) around March 31, 2009, claimed insurance money against the victim Hansung Damage Insurance Co., Ltd.; and (c) received KRW 783,00 as insurance money on May 7, 2009; and (d) from around March 25, 2014.

However, in fact, the Defendant did not undergo a separate surgery during the period of hospitalization, or did not have been in the face of injection, and the Defendant was able to receive hospital treatment because he did not go back to the sick room only at the time of a physician's medical examination, or returned immediately after the hospitalization.

The defendant, in collusion with C, received property from victims by deceiving the victim insurance company.

2. C and F joint criminal conduct (related to the purchase of insurance in the name of F) with C and F, the Defendant had F, a partner of the Defendant, enter into multiple insurance policies, and received insurance money from an insurance company through false hospitalization with F, and the Defendant, C and F conspired to distribute their profits.

The Defendant: (a) around September 24, 2010, at the E Hospital located in Sinsan-si D; (b) diagnosed by F as “infection and tension of the bones,” and hospitalized the victim AI damage insurance company for 21 days from October 14, 2010; and (c) claimed insurance money against the victim AI damage insurance company on October 22, 2010; and (d) received KRW 1,260,000 as insurance money on October 25, 2010.

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