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(영문) 광주지방법원 목포지원 2021.01.19 2019고단942
사기
Text

Defendant shall be punished by imprisonment for a period of two years.

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

Reasons

Punishment of the crime

On August 13, 2010, the Defendant subscribed to the victim D’s “(free) E insurance”, “(free)F insurance”, “(free) insurance”, “(free) H insurance-based 20 payment”, “J-based 10 payment”, “J-based 20 payment”, “J-based payment”, “W-based payment”, “W-based payment by the victim K-based company,” “N(O)”, “N(P)”, “victim Q Q Co., Ltd., “R”, “victim Q Co., Ltd.,” “T insurance,” “TU,” “V,” respectively, and “F-based insurance by the victim W-based company”.

From January 20, 201 to February 5, 2011, the Defendant hospitalized the Z Hospital with the Y from January 20, 2011 to February 5, 2011 in the name of the “breath in a acute erogate with no blood or tent” for 17 days, and on February 8, 2011, the Defendant claimed insurance money for hospitalization treatment between the said nine-day period, including claiming for insurance money by pretending that the hospitalization treatment between the said 17-day period is appropriate.

However, considering the details of the medical treatment performed by the Defendant and the status of the Defendant, the period of hospitalization of approximately one week was appropriate to observe the treatment and progress.

As above, the Defendant was granted a total of KRW 7,110,00 for the purpose of hospital treatment by deceiving nine damaged companies in total. From around that time to May 24, 2016, the Defendant was hospitalized excessively over 65 times in total as shown in the annexed crime sight table, and received a total of KRW 390,422,463 as insurance proceeds from nine damaged companies.

Accordingly, the defendant was given property by deceiving the damaged company.

Summary of Evidence

1. A protocol concerning the examination of suspects of defendants who have partially made statements in court;

1. Each legal statement of the witness AA, AB, and AC;

1. Investigation reports (a written statement of each insurance company), investigation reports (case of response to communication confirmation data), investigation reports (credit card companies-use records).

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