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(영문) 부산지방법원 2013.06.11 2013고단646
사기
Text

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

Reasons

Punishment of the crime

From May 30, 2006 to October 31, 2006, the Defendant subscribed to ten guarantee insurance policies sold by insurance companies, such as the victim's Green Damage Insurers, etc., and used medicine without requiring long-term hospital treatment, and even if it is possible to provide sufficient medical treatment solely with outpatient treatment, or even if hospitalized, the Defendant was able to receive a large number of insurance money through long-term hospitalization even in the case of illness where it can be provided for a short-term hospitalization through good faith.

From Sep. 28, 2009 to Oct. 19, 2009, the Defendant was hospitalized in the name of disease, such as trees and burgical pain, etc. at the D Hospital located in Busan Seo-gu, Busan, for 28 days, and was hospitalized in the outside and out of the country without being able to properly stolen food during the period of hospitalization, and even if personal duties were performed during the period of hospitalization, it is necessary to be hospitalized as much as the above period of hospitalization. As if the Defendant had received normal hospitalized treatment at the hospital during the pertinent period, the Defendant submitted a written confirmation of the discharge of the Defendant to the victim’s f60,000 won of the insurance money as the daily amount of hospitalization around Oct. 26, 2009, and was issued by the victim company.

In addition, from that time until April 19, 2012, the Defendant was hospitalized 18 times to 5 hospitals, such as D Hospital, for 276 days, as shown in the attached list of crimes, and acquired 65,63,209 won in total from four insurance companies, such as victims of Green Damage Insurance Co., Ltd., on a total of 62 occasions, and acquired 65,63,209 won.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Details of passbook transactions and details of credit card use;

1. A list of crimes and results of analysis of medical records;

1. Application of Acts and subordinate statutes governing claims for insurance proceeds;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the same criminal facts (including the case of the same victim during the same hospitalization period);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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