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(영문) 창원지방법원 통영지원 2015.12.18 2014고단920
사기
Text

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

Reasons

Punishment of the crime

The Defendant was hospitalized at a hospital, even if there is no need for hospitalization due to the purchase of a large number of insurance policies, or there is no need for long-term hospitalization, and later, the Defendant received insurance money from an insurance company to use it for daily expenses as a result of the need for hospitalization.

On January 9, 2006, from January 27, 2006 to January 27, 2006, the Defendant hospitalized D Hospital located in Sacheon-si in Sacheon-si for 19 days with a written confirmation of hospitalization after being issued. On February 16, 2006, the Defendant claimed insurance money with a written confirmation of hospitalization, as if he had been hospitalized for the above period, on March 31, 2006, and on March 31, 2006, for the victim AI damage insurance with need to be hospitalized.

However, in fact, the defendant was a minor disease that is not necessary to be hospitalized at the time, and the actual period of hospitalization was not 19 days because he was staying out of prison for at least 10 days during the period of hospitalization.

Nevertheless, the Defendant deceiving the victims to pay their insurance proceeds as above, and received KRW 640,00 from the victim AI life insurance around February 20, 2006, and received KRW 1140,000 from the victim AI damage insurance as insurance proceeds on April 6, 2006, respectively, from that time, even though it is not necessary to be hospitalized until March 22, 2013, or it is not necessary to be hospitalized for a long period of time, and acquired KRW 150,16,101 in total from the victim insurance company as shown in the attached list of crimes.

Summary of Evidence

1. Partial entry of the protocol concerning the examination of the accused in the prosecution;

1. Legal statement of witness E;

1. Each police statement of E and F;

1. Each internal investigation report and investigation report;

1. Forwarding of the contents of insurance fraud suspicion, requests for the payment in kind by individuals related to the health insurance, details of replies, telephone conversations and details of card use during the period of hospitalization by hospital, current status of payments by insurance company, details of contracts and payment by insurance company, appropriateness of hospitalization and treatment, etc.;

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