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(영문) 대구지방법원 경주지원 2016.05.26 2015고단163
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged was the North Korean defectors, who heard the words “C hospital provides it with a long-term hospitalization,” and sought to the above hospital.

On December 8, 2010, the Defendant was diagnosed by the doctor E in the “C Hospital” located in Kim Jong-si, Kim Jong-si, by the doctor E, and was hospitalized in the said hospital for 21 days from that date until February 11, 2011, and claimed insurance proceeds, such as medical expenses, hospitalization expenses, etc.

However, in fact, the Defendant did not need to undergo long-term hospital treatment, such as surgery or injury to the extent that he should undergo long-term hospital treatment as seen above, and frequent departure during the period of hospitalization.

The Defendant, as such, by deceiving the victim company, received KRW 3,191,638 as insurance money from the victim company on the 14th day of the same month.

In addition, as indicated in the list of crimes in the attached Form, the Defendant was hospitalized in the above hospital for a total of 163 days from around that time to October 28, 2013, and then claimed insurance money to the victim company on nine occasions, and received delivery from the victim company totaling KRW 33,738,816 as insurance money.

2. In light of all the evidence submitted by the prosecution, it is not sufficient to recognize that the defendant received insurance money on the ground that he had been hospitalized even though he did not have a disease to the extent necessary for hospitalized treatment as stated in the facts charged. There is no other evidence to acknowledge this otherwise ("hospitalize"in case where continuous observation of medical professionals is necessary with respect to the side effects or incidental effects of the patient's disease caused by very low resistance ability or administered drugs, the management of nutritional conditions and foods ingested need to be continued, so there is a need for medication and treatment.

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