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(영문) 서울동부지방법원 2016.01.22 2014고정1595
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was hospitalized for a long time, instead of receiving hospital hospital treatment, on the basis of the fact that he/she was admitted to an insurance policy guaranteeing the cost of hospitalization when he/she was hospitalized for more than 3 days in the four insurance companies, even though he/she was hospitalized for a long time, and he/she did not receive proper hospital treatment, and thereby, he/she was suffering from necessary injury for long-term hospital treatment without receiving proper hospital treatment, and accordingly, was able to receive insurance money by deceiving the insurance company as if he/she actually was hospitalized.

From August 17, 2012 to September 3, 2012, the Defendant was subject to the registration of hospitalization for 18 days at the D Hospital located in Gangdong-gu Seoul Metropolitan Government (Seoul). However, as seen above, although the Defendant was hospitalized in the above hospital for a long time as long as it does not need to undergo diagnosis or treatment, he/she was in the hospital and engaged in daily life at the hospital during the hospitalization period, the Defendant claimed insurance proceeds from the marine insurance of the victim’s fire department (main) on September 12, 2012 after receiving the insurance claim, the certificate of discharge and the medical certificate, etc. from the above hospital; on September 10, 2012, the victim LIG non-life insurance on September 13, 2012; on September 13, 2012, and on September 20, 2012, the Defendant claimed insurance proceeds respectively to the victim Samsung (the State).

As above, on September 20, 2012, the Defendant was paid KRW 415,310 from the victim’s fire insurance (owner), KRW 360,000 from the victim’s LIG non-life insurance (owner), KRW 360,000 from September 17, 2012, and KRW 540,00 from the victim’s Samsung Life Insurance (owner), respectively, on September 20, 2012.

After all, the defendant had received property by deceiving the victims.

Summary of Evidence

1. Statement of witness E in the fourth public trial protocol;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made with respect to G and H;

1. Analysis of medical records (the table of medical treatment);

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