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(영문) 광주지방법원 해남지원 2013.05.22 2012고정122
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

The defendant from April 14, 200 to the same year.

6. By the end of 28.2, D Hospital located in Donnam-gun C had received treatment under the name of disease, such as astronomical, urine, and catitis, and had received treatment continuously thereafter, it was known that the insurance subscription would be refused if the notice of the above king was given at the time of the insurance contract.

Nevertheless, the Defendant entered into an insurance contract with G, which is the director of the F business office of the Youngdo Life Insurance Co., Ltd. in Jeonnamdo-gun, without notifying the G, once he concluded the insurance contract, and, on the ground of the violation of the duty of disclosure, 2 years have passed from the time two years have passed since it was impossible to avoid unilateral cancellation or payment of insurance money from the insurance company for the reason of violating the duty of disclosure,

Accordingly, around September 2, 200, the Defendant subscribed to the “Undividendd Women’s Health Insurance” which pays KRW 46,480 per month at the F’s business office of the said Tranchising Life Insurance Co., Ltd. and entered the insurance contract in a false statement that there was no medical treatment for astronomical or urology, etc. within the last five years after hiding the medical history, such as astronomical or urology, and entered into an insurance contract through H via the said insurance solicitor of the said company, and the period of exemption from liability from July 19, 2005 to the same year.

8. Hospitalization at a J Hospital located in the Republic of Korea I by the time of February 27, 200, in the name of sick person, such as urology, and claim insurance proceeds on the 30th of the same month;

9.5. It received 3,200,000 won from the above company.

In addition, the defendant received insurance money of KRW 48,530,000 through 40 times in total, such as the statement in the crime list.

Summary of Evidence

1. Each legal statement of the witness K, H and G;

1. Investigative reports (to attach medical records for suspects);

1. Application of Acts and subordinate statutes to report on investigation (the details of claims for insurance proceeds);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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