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(영문) 대구지방법원 2016.05.17 2016고단11
사기
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2005, the Defendant: (a) purchased a 40,000 won per day when he/she was hospitalized into He/she had been hospitalized into He/she had been hospitalized in He/she had been hospitalized in He/she had been hospitalized in He/she had been hospitalized in He/she had been hospitalized in He/she had been hospitalized in He/she had been hospitalized for at least four consecutive days; and (b) he/she had been hospitalized in the He/she had been hospitalized in the He/she had been hospitalized in the He/she had been hospitalized for a long time.

On June 9, 201, the Defendant complained of symptoms, such as crusium and vertebrate, at the budget Samsung Hospital located in the budget Eup in the Chungcheongnam-nam Budget, and discharged the Defendant on September 5, 201 after the lapse of 89 days from the time when he was hospitalized.

However, during the above period of hospitalization, the Defendant’s condition, such as the Defendant’s treatment is mainly merely a physical therapy, and frequently going out and living a daily life, and being paid attention from the hospital, tobacco smoking, etc., does not require continuous observation of the medical personnel or continuous administration and treatment of drugs, and thus, there is no need for continuous hospitalization. Even if considering the symptoms of the Defendant complained for, it was sufficient to provide continuous hospitalization for 54 days for observation of progress.

Nevertheless, on September 7, 201, the Defendant filed a claim for the payment of insurance proceeds to the victim insurance company on or around September 7, 201, along with a written confirmation of hospitalization, as if the Defendant had been hospitalized normally, and received KRW 5,481,984 from the victim insurance company around September 27, 201.

In addition, the Defendant received insurance money equivalent to approximately KRW 24,135,487 in total from the victim insurance company nine times in total as set out in [Attachment Table Nos. 1 through 9] between February 19, 2009 and September 25, 2013, and paid insurance money as set forth in [Attachment Table No. 10] around May 20, 2014.

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