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(영문) 부산지방법원 2018.08.14 2016고단8638
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant was hospitalized from January 15, 2009 to February 24, 2009 for 10 days by telegraph, etc. in the E hospital located in Busan Young-gu D, Busan, and the same year from January 29, 2009 to January 29.

2. By February 2, the victim FF Co., Ltd and the victim G Co., Ltd. submitted a written confirmation of entry and discharge, and filed a claim for the payment of insurance money.

However, in fact, the defendant was hospitalized in order to receive insurance money by increasing the number of days of hospitalization even though the defendant was in a condition that it was possible to receive hospital care rather than hospital treatment under the above name of the patient.

Nevertheless, the defendant filed a claim for the payment of insurance money against the above victims who knew of such circumstance, from January 29, 2009 to the same year from the victims.

2. From February 2, 201 to February 15, 2016, an insurance victim was induced by deceiving the victims of insurance in the same manner as the written list of crimes in attached Form 118,954,146, including the payment of total insurance money of KRW 1,121,190 from the time of receiving the payment of insurance money, and by deceiving them from the victims to February 15, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Information Statement, H, I, and J respective damage statements, A insurance coverage details, violation of A's obligation to notify, A's current status of hospitalization, receipt of insurance money, crime watch, record of hospitalization, and written subscription for insurance contract;

1. An investigation report (including evidence attached thereto, 16, 17, 18, and 18 each time);

1. Analysis of medical records, details of account use of credit cards, claims for insurance proceeds and payment documents, application of Acts and subordinate statutes regarding the borrowing of medical records;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense and the choice of 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 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (where the scope of liability for compensation of Defendant is not clear) “Hospitalization” is very low or covered by the patient’s resistance power.

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