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(영문) 의정부지방법원 고양지원 2013.05.09 2013고정151
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant stated that “B” member who received treatment from a deceased person in the name of “B” member who received treatment from “B” member was free from hospitalization, and that “B” member was aware of the fact that he was forced to receive hospitalization and issued a certificate of entrance discharge even if he did not hospitalization, and received insurance money by false admission and received insurance money.

Around May 4, 2011, the Defendant received medical treatment from a Korean Council Member B in Pariju-si, and 2-3 days were formally hospitalized and thereafter did not hospitalization.

From May 4, 2011 to May 28, 2011, the Defendant received a false medical certificate and a written confirmation of entrance and discharge for 25 days, as if he/she were hospitalized under the name of the patrial chronum and the chronronum disease.

On June 2, 2011, the Defendant filed a claim for insurance money with a false diagnosis and a false certificate of entry and discharge as if the Defendant was hospitalized in the Samsung Fire Insurance Co., Ltd. at the B Institute and received treatment.

On June 7, 2011, the Defendant received KRW 3,640,920 from each insurance company 17 times in total by false admission between February 27, 2012, as indicated in the list of crimes in the attached Table, including the Defendant’s receipt of KRW 3,640,920 as an insurance product of Samsung F&M. The Defendant received KRW 18,703,854 from each insurance company by February 27, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written claim for insurance proceeds:

1. Each medical certificate and each written confirmation of release on admission;

1. Application of the Acts and subordinate statutes concerning each payment certificate and a receipt for release on entry;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant returned the amount of fraud to the victim Alananane Life Insurance Co., Ltd., the defendant has no record of crime, and the defendant is against the crime of this case, and the means and results of the crime of this case.

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