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(영문) 의정부지방법원 고양지원 2015.07.03 2013고단2219
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 31, 2011, the Defendant claimed insurance money from an AIA life insurance company office that the employee in charge C was hospitalized from the Egnae House located in D during the period from August 17, 2011 to August 29, 2011, due to 13 days from the Egnae House, etc.

However, the Defendant did not receive hospital treatment or need not receive hospital treatment for most of the hospitalization period at the time.

As such, the Defendant, by deceiving an AI life insurance company that is the victim, received KRW 100,000 as insurance money from the victim on September 1, 2011, and acquired KRW 3,780,020 from each insurance company as stated in the attached crime list.

Summary of Evidence

1. Legal statement of witness F;

1. Each protocol concerning the examination of the suspect against the accused (including the 1, 2, 3 times, and replacement of the suspect);

1. A copy of the first examination protocol of the police suspect to G; and

1. A written claim for insurance proceeds, a detailed statement on calculation of insurance proceeds, a proposal for payment, and a resolution;

1. Medical certificates and written confirmation of entrance and discharge;

1. Application of Acts and subordinate statutes of each medical examination and treatment record (Evidence Nos. 8,36);

1. Article 347 (1) of the Criminal Act concerning the facts constituting a crime (the choice of a fine for each insurance company which is a victim);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant does not have a deception, since he/she received legitimate hospitalized treatment at the E Council members and received insurance money accordingly.

2. According to the evidence duly admitted by this court, the defendant was living in Seoul, and the circumstance of hospitalization is very doubtful, such as being hospitalized in the E-Korean Council Member located in Pakistan, and the defendant's name on the medical certificate for 13 days seems to be a serious injury to the extent that the defendant's name on the medical certificate for 13 days needs to be hospitalized.

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