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A defendant shall be punished by imprisonment for not more than ten months.
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
Despite the fact that there was no disease or injury or that there was no need for hospitalized treatment after being concentrated on insurance products of various insurance companies, the Defendant had registered the hospital, etc. where the patient management was neglected to receive insurance money, and had the patient enter into free communication after freely visiting the hospital, and even if the patient did not receive hospital treatment or hospital treatment, he/she would have received insurance money by obtaining necessary documents, such as a false certificate of entry and discharge, by pretending that he/she received hospital treatment.
On March 28, 2018, the Defendant submitted to C an insurance claim to the effect that “The Defendant is entitled to receive medical treatment from the E Hospital located in Gwangju Dong-gu, Gwangju due to a fluorism, a fluence, and a chest, etc., from March 5, 2018 to March 19, 2018, and thus, the Defendant is entitled to pay insurance proceeds under the pretext of hospital treatment expenses.”
However, in the case of the defendant, there was no need to be hospitalized at the time and there was no need to receive treatment, and the disease can be treated through the hospital.
The Defendant received 360,000 won from the victim on March 29, 2018 as insurance money.
In addition, the Defendant received from 7 insurance companies totaling KRW 52,920,771 from 14 times as shown in the attached crime list between around that time to January 23, 2019 as the amount of hospitalization, etc.
Accordingly, the defendant acquired insurance money by insurance fraud.
Summary of Evidence
1. The defendant's partial statement (the purport that all of the charges except for the part concerning hospitalization and medical expenses for diseases, out of the amount obtained by deceit to F of a stock company is recognized);
1. A report on fact-finding, response, investigation (the analysis of Kakakao and the current status of comprehensive investigation) with respect to G’s statement on the internal investigation (the results of the location analysis of a base station on mobile phones);
1. Application of Acts and subordinate statutes to power of attorney, relevant supporting documents, claims for insurance, and payment documents;
1. Article 8 of the relevant Act on Criminal Facts and the Special Act on the Prevention of Insurance Fraud, Selection of Punishment, and Selection of Imprisonment.