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(영문) 전주지방법원 군산지원 2017.05.31 2016고단857
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant subscribed to a large number of insurance products in excess of the economic ability and can receive hospital treatment without requiring hospital treatment, the Defendant concluded an insurance contract with five insurance companies, such as interest country life, by receiving insurance money under the name of medical expenses, hospitalization expenses, etc. by way of being hospitalized for a longer period than the period required for actual treatment or repeating entry and discharge.

Around March 30, 2009, the Defendant began to be hospitalized under the name of Byung, who is in the Sungsi-gu, Sungwon-si, Sungwon-si, Sungwon-si. D hospital: “Around April 23, 2009, several nuclear escape symptoms, equitable symptoms, the right-hand slotitis infection.” Even if the Defendant complained of symptoms, he was hospitalized for the preservation and progress observation due to the symptoms, he was hospitalized for about 7 days until April 21, 2009, and was hospitalized for about 23 days, and then was hospitalized for 23 days until April 21, 2009. The Defendant received KRW 37,757,759 from around 27,75,759, including the Defendant received the total amount of KRW 4-5,757,759 from around April 23, 2009 to May 8, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. Responses to requests for deliberation on the propriety of hospitalization, results of medical analysis, and each record of medical treatment;

1. Investigation report- The response to data by the Financial Supervisory Service, and the application of analysis statutes;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. As to the assertion and determination of the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The alleged defendant is merely subject to hospitalized treatment according to the doctor’s instructions, and there is no intention to acquire insurance money.

2. Determination

A. “Hospitalization” means a patient.

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