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(영문) 광주지방법원 2013.05.29 2012고단6819
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Although the Defendant did not have been injured or need to be hospitalized due to minor injury, the Defendant was hospitalized at a hospital to receive insurance money, and was hospitalized for a long time in order to ensure the smooth issuance of a medical certificate or selected a hospital with easy long-term hospitalization, and subscribed to 17 insurance products intensively from August 2009 to February 20, 2010.

Around 10:00 on December 3, 2009, the Defendant was hospitalized at C Hospital for 14 days from December 3, 2009 to December 16, 2009, on the ground that the Defendant sustained injuries by getting out of the front stairs of the Defendant’s house located in Gwangju-gu, Gwangju-gu, without requiring hospitalized treatment, and then filed a claim for the payment of insurance proceeds with C Hospital on December 21, 2009, and the Defendant was receiving KRW 112,500 as insurance proceeds on December 29, 2009 from December 21, 2009 to February 17, 201, and then received insurance proceeds from 14 insurance companies to 33,394,394,300 won from the Defendant’s company without requiring hospitalized treatment on six occasions, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Results of analyzing information on suspected insurance fraud;

1. Application of Acts and subordinate statutes on credit cards;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (including the fact that the defendant has not been convicted of the same kind of crime or suspension of execution and has not committed the crime in this case, and the defendant has committed the crime in this case, and the fact that the defendant has repaid the amount acquired by deceit to Samsung Fire Insurance, Maz fire insurance, merz fire insurance, Eastern fire insurance, Korean fire insurance, modern marine insurance, interesting fire insurance, Korean fire insurance, interesting country fire insurance, Hansi damage insurance, Hansi damage insurance, future c

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