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(영문) 서울북부지방법원 2013.12.18 2013고정816
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around December 31, 2009, the Defendant subscribed to three insurance contracts with the Hyundai Marine Fire Insurance Co., Ltd., including the purchase of ‘Undividendd', in order to receive insurance money according to collateral matters, such as the number of days of hospitalization when an insured incident occurs.

On March 31, 2010, the Defendant, on a restaurant day, was knee and knenee, was fele with a view to deceiving insurance money by advertising the fact that the Defendant was within the “F Hospital” located in Seongbuk-gu Seoul E.

Notwithstanding the fact that the Defendant was hospitalized from time to time by taking advantage of neglecting the general patient’s outing and staying at the above hospital, and was hospitalized from time to time by taking care of the patient’s outing and staying at home, or having received normal hospital treatment at home, the Defendant was hospitalized at the above hospital for 28 days from March 31, 2010 to April 27, 2010, with the diagnosis of “abrogrosiss and spagrosiss for both sides,” and claimed insurance money stipulated in the terms and conditions of modern marine fire insurance around April 29, 2010, and received KRW 840,00 from the victim who is unaware of the fact that he was hospitalized at the above hospital four times as described in the attached list of crimes, and acquired insurance money of KRW 21,33,283.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of interrogation of the police officer in relation to G, and copy of the protocol of interrogation of the police officer in relation to H;

1. A copy of each police statement made to I and J;

1. Application of Acts and subordinate statutes on analysis of medical records;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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