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(영문) 광주지방법원 목포지원 2017.06.15 2016고단552
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Even though there was no particular income, the Defendant subscribed to 12 insurance from around 2007 to 2014, and was hospitalized in a hospital even though it was a minor disease without the need of hospitalization by using an opportunity to buy a large number of insurance policies, and tried to claim insurance money to the insurance company and obtain it by fraud.

From January 4, 2008 to February 5, 2008, the Defendant hospitalized the “D Hospital” located in the Southern-gun C with chronic virus B infection, etc., and then received a written confirmation of hospitalization. On January 28, 2008, the Defendant claimed insurance money from the victim KRB life insurance company, along with a written confirmation of hospitalization, as if he received the treatment from the hospital due to the need for long-term hospitalization of the above disease.

However, in fact, the above disease of the defendant was a minor disease with no necessity of hospitalization exceeding five days.

Nevertheless, the Defendant: (a) by deceiving a person in charge of payment of insurance money in the name of the victim company; (b) received KRW 1,540,00 from the victim to the post office account (E) in the name of the Defendant around February 11, 2008; and (c) thereafter received KRW 1,540,00 from the victim; and (d) from August 26, 2014, the Defendant was transferred KRW 278,408,336, 284,185,25, KRW 255, in total, 76,919, as shown in [Attachment 54] No. 54 of the List of Crime Offenses No. 54,76,919.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Each statement made by the witness F, G, H, and I in the public trial records filed in the second, third, and fourth public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the prosecutor by the J;

1. Each statement of K, L, M, and N;

1. As a result of the analysis of information on the suspicion of fraud of A insurance, the personal information of the parties concerned, the current status of insurance contracts, insurance accidents and related insurance proceeds, suspected insurance frauds, insurance contracts suspicions, payment details of A insurance proceeds, A hospitalization period, A hospitalization period, modern literature, payment details of AL A, current status of AO hospitalization, and A insurance contracts.

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