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(영문) 수원지방법원 안산지원 2018.03.15 2017고정199
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

Although there was no particular obstacle to the Dong, and there was no need to receive hospitalized treatment as a situation in which the Defendant was faced with 2 times a week, and 20 minutes a day was conducted, the Defendant was willing to receive money from the Victim’s Health Insurance Corporation under the pretext of receiving medical care benefits from the Victim’s Health Insurance Corporation while resolving board and lodging by hospitalized in the above C convalescent hospital.

On June 30, 2014, from around November 6, 2014 to around November 6, 2014, the Defendant filed a claim for medical care benefit and travel expenses in a way that he/she entered the false details that he/she received medical treatment during the period of hospitalization into the computer network connected with the Insurance Review Evaluation Institute.

However, the defendant had not received proper hospitalized treatment, such as going out from the hospital for four to five days a week after being registered as an in-patient in the above C convalescent hospital.

Nevertheless, the defendant deceivings the victim as above, and around that time, he obtained 6,301,390 won from the injured person as the expenses for medical care benefits and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to a medical treatment register, reply to a request for business cooperation (such as a statement of payment of expenses for medical care benefits);

1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act for the choice of punishment (a serious punishment is required because the crime of insurance fraud has a significant impact on society, but the defendant is against his/her mistake, and the decision of fine is made in consideration of the elderly's circumstances, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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