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(영문) 광주지방법원 순천지원 2018.08.13 2017고정400
사기
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The defendant A, even though he/she did not receive medical treatment at the C oriental medical hospital located in Gwangju from March 11, 2015 to March 24, 2015, the defendant filed a claim for insurance proceeds on March 25, 2015 on the basis of a false certificate, etc. of discharge from admission and received insurance proceeds of KRW 280,000 from that time.

6. Before 19.19.00, the insurance company obtained a total of KRW 11,359,602 from the insurance company as shown in the Schedule of Crimes (A).

2. The defendant B, even though he did not receive medical treatment at the C oriental medical hospital located in Gwangju from March 18, 2015 to March 31, 2015, the defendant filed a claim for insurance proceeds on April 2, 2015 based on a false certificate, etc. of discharge from admission, and received KRW 420,000 as insurance proceeds from that time.

6. Until 19.19.00, the insurance company obtained a total of KRW 5,246,870 from the insurance company, such as the list of offenses (B) in attached Form 1.

Summary of Evidence

1. Statement made by the defendant A in the second public trial records;

1. The defendant B's partial statement

1. Each investigation report (the sequence 2, 3, 54, 55 of the evidence list);

1. Each judgment (Defendant B and his defense counsel actually received treatment by hospitalization, thus, there was no fact of deceiving an insurance company.

However, according to the evidence of the judgment, the defendant used his mobile phone in the vicinity of the Ycheon City or in Gangwon-do, which is the residence of the defendant who is not the Gwangju Hospital during the period of hospitalization, and therefore, the defendant B seems to have not actually been hospitalized or to have been hospitalized formally.

Defendant

B and Defense Counsel’s argument shall not be accepted. The law shall apply.

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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