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(영문) 수원지방법원 성남지원 2019.05.02 2018고단2981
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. On April 22, 2009, the Defendant: (a) committed a violation of the Special Act on Insurance Fraud Prevention against the Victim B Co., Ltd., with intent to claim insurance money by attaching a certificate of entrance and discharge, diagnosis certificate, etc. issued with false or excessive hospitalization, despite the fact that the Defendant subscribed to the “C insurance” of the Victim B Co., Ltd. under the name of the Defendant, and that there was no disease that can be

From June 24, 2009 to July 16, 2009, the Defendant filed a claim for insurance proceeds with an insurance company upon obtaining a written confirmation of entrance and discharge as if he/she had actually received hospital treatment due to the need for hospital treatment in the E-mail foreign service districts located in the Nowon-gu Seoul Special Metropolitan City, Gyeonggi-gu, Seoul Special Metropolitan City, for a period of 23 days.

However, the above accident content and diagnosis name of the defendant were sufficiently possible due to the pain treatment, and during the hospitalization period, the treatment was also limited to the treatment for physical therapy and medicine.

Nevertheless, on September 30, 2009, the Defendant issued a written confirmation of hospitalization and discharge and received 800,000 won from the victim company under the name of the Defendant to the F association account in the name of the Defendant on October 29, 2009, as if he received normal hospitalized treatment.

Accordingly, the Defendant, from that point to February 2, 2018, deceiving the victim company by the above method, and then, he acquired insurance money by being transferred totaling KRW 31,280,000 from the victim company to 47 times in total under the name of hospitalization daily allowance and medical room expenses, such as the annexed crime list (1).

2. On November 26, 2008, the Defendant violated the Special Act on Insurance Fraud Prevention against the Victims Korea Post in the name of the Defendant, the Victim’s Postal Services’s “HOK Insurance”, “Haro Regular Insurance”, and “Haro Regular Insurance” on November 27, 2008.

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