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(영문) 수원지방법원 2016.06.02 2015노6377
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defendant (misunderstanding the facts) is only hospitalized in the case of a disease that actually requires hospitalized treatment, but did not deceiving the victim insurance company.

Nevertheless, the lower court found the Defendant guilty of all the facts charged of the instant case, thereby erroneous.

2. Determination

A. The Defendant also asserted the above facts in the lower court, and the lower court rejected the Defendant’s assertion and convicted all charges of this part of the charges on the grounds as stated in its reasoning. In light of the evidence duly adopted and examined by the lower court, the lower court recognized that the lower court’s judgment was justifiable and did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

B. The charge was committed by each of the types of frauds at least 3, 7, 9, 12, 13, 15, 17, 21, 24, 27, 28, and 34 in the order of list of crimes in the annexed crime list (1) The Defendant was a person who had worked as an insurance designer and was injured by an accident insurance policyholder.

When claiming insurance money, an insurance company has known the practice of formally examining the contents of the accident without investigating the contents of the accident and paying the insurance money, and has known the practice of paying the insurance money, and has thought to receive the insurance money by means of long-term hospitalization or additional hospitalization even though it is not necessary to be hospitalized by pretending to the injury.

On May 7, 2007, the Defendant purchased 11 insurance contracts from Linna Life Insurance Co., Ltd. (State as the insured of himself/herself) from that time to August 3, 2007, including the fact that the Defendant purchased 11 insurance contracts from around August 3, 2007, and paid 929,212 won in total each month.

The defendant from January 7, 2008 to February 23, 2008, is located in AB AB A who is located in Mapo City from January 7, 2008, and the fact is the location of injury to the extent of hospitalization.

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