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(영문) 창원지방법원 2015.08.12 2015고단835
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 2007 to December 2012, 2010, the Defendant subscribed to six insurance products, such as Samsung Fire & Marine Insurance Co., Ltd., which provide multiple hospitalization days according to the number of hospitalization days.

Although it is not necessary for the Defendant to provide long-term hospitalized treatment at the D Hospital located in Kimhae-si for 23 days from April 14, 2009 to May 6, 2009, the Defendant hospitalized the hospital into the right-side Y-si after a collision, etc., and filed a claim for insurance proceeds of KRW 980,698 on May 21, 2009, and received the above insurance proceeds on or around June 2, 2009.

The Defendant, including that, from around that time to December 21, 2012, received insurance money of KRW 52,541,274 from the victim insurance company by deceiving the victim insurance company by means of false hospitalization at the above D hospital as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Insurance companies-related data, contents of medical advice, claim for Samsung Fire Insurance Proceeds, and the application of the Act and subordinate statutes of two books for analysis data separately;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100 million) / In the case of having considerable responsibility for the expansion of damage to victims (special mitigation/increased) / In the case of repeated crimes for a considerable period of time / Insurance fraud / In the case of repeated crimes [decision of sentence] Insurance fraud / In the case of imposing a burden on sincere general subscribers and causing moral hazard, thereby increasing social expenses. The Defendant’s crime of this case is committed repeatedly for a considerable period of time, and the Defendant’s liability for the crime of this case is not less than that of the Defendant.

However, there is no appropriate post-management after selling insurance in order to raise the profit of insurance premiums.

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