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(영문) 광주지방법원 2018.08.31 2018고정482
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around December 19, 2016, the Defendant received a confirmation of entry and discharge, medical expenses receipt, etc. stating that he/she received the hospitalized treatment from around December 5, 2016 to around December 19, 2016, notwithstanding the fact that he/she had received the normal hospitalized treatment due to the salt, tension, etc. of the 15-day base from around December 5, 2016. Around that time, the Defendant submitted to each employee of the life insurance company, Samsung Fire Insurance Company, Postal Savings and Insurance Company, and Samsung Life Insurance Co., Ltd. with a written claim for payment of insurance proceeds and a confirmation of entry and discharge from each employee of the victim’s new life insurance company around December 23, 2016, and KRW 810,039,000 from the victim Samsung Fire Insurance Company around December 26, 2016, and KRW 18,000 from the victim Samsung Fire Insurance Co., Ltd., Ltd. around 208, 2016.

Accordingly, the defendant acquired 2,480,039 won in total by insurance fraud.

Summary of Evidence

1. Report of investigation (Confirmation of a suspect's mobile phone counterpart to the telephone call);

1. Investigation report (Attachment to the location of the mobile phone sender from which the victim used the period of hospitalization);

1. Application of statutes, such as requests for insurance proceeds and payment details;

1. Article 8 of the Special Act on the Prevention of Fraud under the relevant Act on Criminal Facts;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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