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(영문) 창원지방법원 통영지원 2013.08.21 2012고단814
사기
Text

A defendant shall be punished by imprisonment for six 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

1. Fraud on October 11, 2010 on the ground of an accident;

A. On October 11, 2010, the Defendant: (a) hospitalized at D Hospital located in 23 days from October 11, 2010 to November 2, 2010, on the ground that the victim Hyundai Marine Fire Insurance Co., Ltd. was an opportunity to subscribe to the “Undividend Furcing Comprehensive Insurance” insurance; and (b) submitted a written confirmation of hospitalization to the effect that the Defendant was hospitalized at the right source knee certificate at the victim company’s macro-dong located in Daodong-dong, and claimed for the insurance proceeds.

However, the Defendant returned to the Plaintiff at any time during the period of the above hospitalization, and the Defendant did not need to receive hospital treatment, such as a person who was living or diving his/her child at the home in the city E during the period of the above hospitalization, and did not receive hospital treatment normally.

The Defendant, as if he were to undergo the normal hospitalization due to the need for hospitalized treatment as above, had the victim company deceiving, and then had been transferred KRW 1,375,800 from the victim company to the post office account under the name of the Defendant, including expenses for hospitalization, medical treatment, and daily allowances for hospitalization, around November 5, 201.

B. On November 3, 2010, from November 22, 2010 to November 22, 2010, the Defendant continued to be discharged from the said D Hospital, hospitalized in the F Hospital located in C on the ground of the same accident and symptoms, and submitted a written confirmation of hospitalization to the effect that he/she was hospitalized in the right-free hospital at the victim’s macro-branch of the said D Hospital and received treatment on November 22, 2010, and filed a claim for insurance proceeds.

However, as above, the Defendant did not need hospital treatment and did not receive normal hospital treatment.

As seen above, the Defendant deceivings the victim company as if he had been hospitalized normally due to the need for hospitalized treatment, and its deceiving on November 25, 2010.

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