2014 Highest 957 Fraudulent

1. A, the Ministry of Environment;

2. B, Section B

Pursuant to the reasoning of the court below, the court below held that the defendant was guilty

Attorneys Han-chul et al. (Korean national ship for all of the defendants)

May 29, 2014

Defendants shall be punished by imprisonment for one year.

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

Probation and community service for 200 hours shall be ordered to the Defendants respectively.

Criminal facts

Defendants are family owners with no special occupation, and Defendant B is the spouse of the main family, the birth of Defendant A.

The Defendants selected several insurance products with a high level of guarantee, and received insurance money, such as hospitalization expenses, hospitalization allowances, etc., for the purpose of receiving the insurance money, even if they were able to be sufficiently treated, and were formally hospitalized at the hospital where it is easy to be hospitalized, and did not receive proper hospitalized treatment while staying out of the hospital for a long time. Even if they were to have been hospitalized for a long time as necessary, the Defendants received long-term hospitalized treatment more than necessary. At the time of discharge, they were issued the documents necessary for receiving the insurance money, such as a written confirmation of hospitalization, a medical certificate, etc. stating that they had received proper hospitalized treatment from the relevant hospital, and submitted them to each insurance company, which had already been insured.

1. Defendant A

On March 5, 2010, the Defendant entered into an insurance contract called the Victim Hyundai Marine Fire Insurance (State) with the monthly insurance premium of KRW 39,940, insurance products, and the Victim Hyundai Marine Fire Insurance, and the Insurance Contract of KRW 17,430 on the September of the same month, and KRW 17,430 on the insurance product, and KRW 8,320 on the monthly insurance premium of the same month, KRW 320 on the 10th day of the same month, and KRW 21,680 on the 29th day of the same month, and KRW 20 on the 20th day of the same month, KRW 8,50 on the 10th day of the same month, KRW 20 on the 20th day of the same month, KRW 50 on the 20th day of the same year, and KRW 50 on the 20th day of the same year.

In conclusion with insurance, 81, 540 won of monthly insurance around December 26, 201, and 201, 'Non-Distribution Alphalflus Security Insurance' was concluded with the victim Mtsts Fire Marine Insurance Co., Ltd. and 6 insurance, respectively, by entering into an insurance contract with the victim Mtsts Fire Marine Insurance Co., Ltd.

was made.

After entering into an insurance contract as above, on April 1, 2010, the Defendant was diagnosed by a doctor as 'Woo-si' located in the Gangwon-do Office of the captain-gun in Busan-gun, Busan-gun, and was hospitalized for 30 days until the 30th day of the same month.

However, in fact, the above disease treatment was sufficiently possible by the hospital, but was hospitalized with the intention of receiving insurance money, such as hospitalization expenses, hospitalization allowances, etc., from the insurance company that already joined the hospital, and according to the content of the treatment during the period of hospitalization, the prosecutor conducted 86 times during the period of hospitalization, but 50 times during the period was prepared by the records even though he did not have any records of treatment or did not have any records of treatment. While the doctor prescribed that the medical doctor received physical treatment on 60 occasions, he did not receive active treatment such as receiving 90,000 times, it was practically impossible for the hospital treatment.

Nevertheless, around May 7, 2010, the Defendant claimed for the appropriate hospitalization for 30 days on the Victim Hyundai Marine Fire Insurance (State), and received the payment of the insurance money accordingly, and thereafter, it received KRW 1,580,613 from an employee in charge of compensation for the victim as an examination amount, such as hospitalization allowances on the 10th day of the same month, and received KRW 1,580,613 from that time until July 3, 2013, respectively, from that time, KRW 39,683,578 in total, as shown in attached Table I.

2. Defendant B

On February 11, 2010, the Defendant entered into an insurance contract consisting of KRW 103,00 and KRW 100,000 in monthly insurance premium, insurance product’s non-distribution-free dividends, and insurance product’s comprehensive home insurance contract of KRW 43,810 in April 9 of the same year, and insurance product’s insurance product’s comprehensive home insurance contract of KRW 43,810 in consideration of the victim’s Hyundai Marine Fire Insurance (State) with the Korea Post, and entered into an insurance contract consisting of three insurance contracts, respectively.

After entering into an insurance contract as above, on April 30, 2010, the Defendant was diagnosed by a doctor as satisonitis, satisonitis, and satisonitis, and was hospitalized for 29 days until May 28, 201.

However, in fact, the above disease treatment was sufficiently possible by the hospital, and was hospitalized with the intention of receiving insurance money, such as hospitalization expenses and hospitalization allowances, from the insurance company that already joined the hospital, and was actually neglected to receive the hospital treatment for a long time without being actively treated during the period of hospitalization.

Nevertheless, around June 14, 2010, the Defendant received adequate hospitalized treatment for 29 days on the Victim Hyundai Marine Fire Insurance (State). Accordingly, the Defendant claimed for payment of the insurance money and filed a claim for compensation from an employee in charge of compensation for the victim to receive KRW 2,830,30,00 in total as the name of hospitalization allowances, etc. on two occasions on July 6, 2010 and received KRW 35,734,171, respectively, from that time until July 31, 2013.

Summary of Evidence

1. Defendants’ legal statement

1. C, D, E, F, G, H, I, J, K, and L’s respective police statements;

1. Answers to requests for cooperation with investigations;

1. Each report on internal investigation:

1. Each protocol of seizure and the list of seizure;

1. Each report on investigation;

1. The plane table of the patient's category of the plane table of the patient at high-ranking hospital, the plane table of the patient's category, and the inundation of M families;

Table, details of the payment of insurance proceeds of M families, details of outpatient treatment during the hospitalization of M families, B medical record history

A copy of the claim for B insurance, B medical records analysis site B, B medical records consultation site B, B monetary records;

A Copy of the medical record area, a copy of the claim for A insurance proceeds, A medical record analysis area, and A medical record doctor.

A mobile call details, A mobile call details, A mobile call details, A credit card and details of the use of deposits, A J

Pathographic dykes

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347 (1) of the Criminal Code, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Code

1. Probation and community service order;

Article 62-2 of the Criminal Code

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100,000) (one year to two years).

[Person under Special Leave]

Crimes repeatedly committed against unspecified or multiple victims or over a considerable period of time;

in the case

【Determination of Sentence】

The crime of this case committed an insurance fraud by claiming false insurance money even though the Defendants did not receive actual medical treatment or hospitalized treatment against multiple insurers. Such an insurance fraud crime is committed.

It is not only to transfer the economic damage to the majority of the good subscribers, but also to undermine the general trust of the insurance system or medical insurance, so that the society as a whole increases the social costs due to inequality, and it is not good to commit crimes.

According to the records, the defendants are the Sindoe, and the defendants' punishments or other relatives seem to have acquired large amount of insurance proceeds in a way similar to the defendants, and there is a particularly high possibility of criticism in that they shared and planned crimes between the close family members.

However, since the criminal investigation agency, the defendants are against the situation in which the crimes are committed, and the defendant A's words are led by the defendant M and other families, including the defendants.

Defendant A does not have the same criminal record as before the fourth fine, and Defendant B does not have the same criminal record.

In full view of all the sentencing conditions shown in the record, such as the fact that there is no history of a fine and no crime other than once, and the fact that there is a family member responsible for living, etc., the punishment shall be determined as ordered.

Judges Park Young-young