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(영문) 광주지방법원 2013.05.02 2012고단6423
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 6, 2006, the Defendant, as a home owner, subscribed to the future Ethical social life insurance on December 6, 2006, when 16 illness occurred until November 7, 2032, he was willing to receive insurance money of 50,000 won per hospitalization day under a special agreement, since he subscribed to insurance products to which certain insurance premiums are paid according to the terms and conditions of the insurance and the special agreement.

On February 8, 2007, at the future life insurance office in the Seo-gu, Gwangju metropolitan area, there was a fact that the insurance company was hospitalized in the insurance company for 23 days from the 23th day from the hume of the bones, so the application for the payment of insurance proceeds to the effect that the insurance company would pay insurance proceeds subscribed as a special contract during the period of hospitalization.

However, the fact that the hospitalization at a hospital was covered by a special contract that provides 50,000 won per day of hospitalization at the time of the purchase of insurance, and thus, it was intended to receive the insurance for the day of hospitalization, not for normal treatment

As such, on February 14, 2007, 1 million won was issued by a post office passbook (Account Number: D) in the Defendant’s name.

In addition, as between February 8, 2007 and April 6, 2012, the Defendant received 3,499,000 won by applying a special contract and repeated discharge from a hospital over 25 times as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act does not want the punishment, and considering that there is no record of punishment before the instant case);

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