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(영문) 의정부지방법원 2018.05.10 2017고단440
사기
Text

The defendant dismissed an application for compensation filed by the applicant for compensation.

Reasons

1. On January 2012, the Defendant, at the G convalescent Hospital located in F in Namyang-si, was aware of the intention to obtain insurance proceeds by manipulating as if a motor vehicle accident occurred, with the fear that medical expenses will occur for a considerable period of time, and as such, there was a concern that medical expenses will occur for a considerable period of time.

On October 3, 2014, the Defendant completed the same year in spite of the absence of the occurrence of a traffic accident.

9. From 10:00 to 11:00 up to 11:00 up to H’s house located at H A at the front of the due date, J-Scar car, which was sitting down with the lower part of the above vehicle.

As H had received a false traffic accident, it received a traffic accident to the victim B corporation, and was hospitalized at the K hospital on the same day, and submitted a statement of the treatment expenses, etc. of hospitalization paid to the above hospital and the receipt after the diagnosis of the name of the "cerebral Mascopic Macopic Macopic closure or the Macopic Macopic Macopic Macopic Macopic Macopic Macop"

In addition, the Defendant deceptioned the victim from April 22, 2015 to May 24, 2016, and received the total of KRW 27,99,740, including the medical expenses of H’s direct payment from the victim, such as the list of crimes in the attached list of crimes.

2. In light of the following circumstances, although the evidence submitted by the prosecutor alone was not sufficient to cause a traffic accident, the defendant filed a false claim for insurance proceeds by pretending to have caused a traffic accident.

The recognition is insufficient, and there is no other evidence to prove it.

① The prosecutor asserts to the effect that “cerebral typhism” cannot occur in the case of a motor vehicle accident, such as a traffic accident claimed by the Defendant, and that the dementia suffering from H is the cause of outbreak of “cerebral typhism.”

However, even according to the opinion prepared by B's doctor, it can be known that there may be a "brain frition" caused by a motor vehicle accident such as a traffic accident claimed by the Defendant.

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