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(영문) 광주지방법원 목포지원 2017.08.10 2017고단485
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant subscribed to six insurance companies, such as the Victim Teaching Life Insurance Co., Ltd., and some hospitals appeal for pains, used the fact that hospitalization at a hospital is not considerably difficult, and it is possible to receive insurance proceeds without additional verification procedures when claiming the payment of insurance proceeds from an insurance company by issuing a hospitalization certificate, etc. from a hospital, and used the fact that it is possible to receive pains treatment or it is not necessary to receive long-term hospitalized treatment, but to receive insurance proceeds from the insurance company.

On October 8, 2009, the Defendant filed a claim for insurance money with a hospitalization certificate, etc., along with the content that “the Defendant received hospitalized treatment from D Hospital located in Sinpo-si C for 18 days from September 21, 2009 to October 8, 2009, as 18 days, from D Hospital located in Sinpo-si, Sinpo-si, Sin-dong 69.”

However, in fact, the Defendant did not have any inconvenience at the time, and he was only subject to preserved pharmacologic treatment during the period of hospitalization, and there was no need to receive intensive treatment by being hospitalized for a long time in the hospital.

Nevertheless, the Defendant, by deceiving a person in charge of the payment of insurance money in the name of the victim company, received KRW 1440,000 from the victim company on October 8, 2009 and received KRW 1,440,000 from the victim company from June 15, 2015, and received KRW 160,030,000 as insurance money from the victim company, and acquired it by deception from the victim company, from June 15, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Each statement of F, G, H, I, and J;

1. Details of review of the propriety of the hospitalization period by medical care institution, details of Defendant mobile phone calls, investigation report (verification of the location of the location of the suspect mobile phone caller), and enterprise bank.

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