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(영문) 서울중앙지방법원 2017.09.07 2017고단2519
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From June 24, 1997 to September 2, 2014, the Defendant purchased 28 insurance products from 17 insurance companies, including the Korea Commercial and Non-Korean Commercial and Non-Korean Commercial and Security Insurance Co., Ltd.

From June 7, 2008 to June 26, 2008, the Defendant was hospitalized in D Council members located in Gangseo-gu Seoul Metropolitan Government on the ground of the 20-day salt base, the right-hand salt base, etc., and on June 27, 2008, the Defendant claimed insurance money to the employee in charge of the victims Han Lan Non-Life Insurance (State) for the purport that “from Jun. 7, 2008 to Jun. 27, 2008, the Defendant was hospitalized for 20 days,” and submitted relevant documents, such as a written confirmation of the release for 20 days.

However, there was no fact that the defendant was out of mountain at the time, and because the defendant received preservation and prescription repeatedly during the period of hospitalization, there was no need for hospital treatment for the long-term 20 days because the substance of the treatment is merely for outpatient treatment.

As above, the Defendant, by deceiving an employee in charge of the victimized person, received KRW 60,958 insurance money from the victimized person to the Nonghyup Bank account in the name of the Defendant, and received KRW 60,958 from that time to January 29, 2015, the Defendant received KRW 316,932,596 in total, 44 times in total, as shown in the attached Table of Crimes, even though the Defendant did not receive substantive hospitalized treatment, such as from mountain, subway stairs, toilets, etc., in the event of being hospitalized due to a disaster, and in the event of being hospitalized due to a disease, from time to time to time to time to time to time to time to time to time during the period of hospitalization.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Details of a contract, the current status of the payment of insurance proceeds, subscription documents for insurance, data on subscription for medical care benefits, medical analysis reports, analysis reports, outing and outing records, and application of Acts and subordinate statutes to the details of hospital use;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 1.6 of the Criminal Act, the choice of imprisonment with labor.

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