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(영문) 서울남부지방법원 2015.12.11 2015고정2187
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, without having to undergo continuous management and observation of medical personnel for the purpose of receiving insurance money, such as expenses for hospitalization and medical treatment, was hospitalized at a hospital where it is easy to be hospitalized by a hospital at home without having to undergo continuous management and observation of the medical personnel, or even if it is necessary to undergo hospitalized treatment, he received long-term hospitalized treatment as long as necessary, and submitted documents necessary for receiving insurance money to each insurance company, including a certificate of hospitalization and a medical certificate stating the time of discharge as if he received proper hospitalized treatment.

On July 13, 2010, the Defendant claimed insurance money as if he had received normal hospitalization for 17 days on the ground that LIG damage insurance, and from June 24, 2010 to July 10, 2010, at the Council members located in Gangseo-gu Seoul Metropolitan Government C in Gangseo-gu (Seoul), salted accounts and tensions of the bones, etc.

However, the above hospital is a "office-general hospital" and there is no medical care at night and on holidays, and at the time, the symptoms of the defendant could achieve the purpose of sufficient treatment only for outpatients treatment, rather than hospital treatment. In fact, the defendant merely received treatment corresponding to outpatients, and did not receive proper hospitalized treatment, such as running out from time to time.

As such, the Defendant, by deceiving the victim LIG damage insurance, received KRW 510,00 from the victim as insurance money on July 14, 2010, as well as received KRW 510,00 from the victim. From around that time to August 20, 2012, the Defendant received KRW 9,832,119 in total over 13 times in the same manner as the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Analysis of medical records;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Detention at a workhouse;

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