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(영문) 울산지방법원 2017.09.21 2017고단1769
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

After the Defendant subscribed to multiple double insurance, the Defendant was aware of the fact that the Defendant is able to receive a daily amount of hospitalization under the insurance contract, and was hospitalized to a hospital by taking advantage of a simple minor injury accident without witness or minor disease, etc., which is minor, and then transferred it to a hospital and received the insurance money from the victimized insurance company by a method of long-term repetitive hospitalization.

The Defendant was hospitalized for 27 days from around July 20, 2007 to August 15, 2007 due to minor injuries, such as E-type and E-type, the escape symptoms of protruding signboards in Busan Northern-gu and members of the Assembly, etc., and received KRW 810,000 insurance money from the victim LIG damage insurer around December 28, 2007, and received insurance money from the victim from around February 26, 2015 in total 82 times from the insurance company, the victims, as shown in the list of crimes committed in the attached Table.

However, in fact, even though the defendant received only drug treatment, physical therapy, etc. at the time and received 14-day hospital treatment, and thereafter, it was possible to receive sufficient medical treatment due to hospital treatment for a long time, but there was no intention or ability to receive insurance premiums normally by receiving a long-term hospitalization daily allowance and using it as living expenses, etc.

Accordingly, the defendant, by deceiving the victims respectively, received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of criminal intelligence in F;

1. Each written petition;

1. Details of the payment of insurance proceeds, records of hospitalization, response to the Financial Supervisory Service's request for cooperation in investigation, response to the request by the Health Insurance Review Board for investigation, review of the appropriateness of hospitalization by health care institution, and each insurance policy;

1. Application of statutes governing judgment;

1. Criminal facts;

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