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(영문) 전주지방법원 군산지원 2016.07.13 2016고정141
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Jeonju District Court's Militarysan Branch, and the sentence was finalized on July 11, 2015.

From January 20, 2005, the Defendant concluded and maintained an insurance contract with himself as an insurance contractor on the victim’s same fire, knowing that the Defendant would receive insurance money when hospitalized for the purpose of treatment due to a direct cause of disease or disaster.

In fact, the Defendant knew that the hospital issues a certificate of hospitalization as if he were hospitalized and received treatment in a hospital without being hospitalized in the hospital room, and attempted to receive insurance money and obtain it by fraud based on the certificate of hospitalization.

On March 9, 2007, the Defendant was hospitalized in Cnean-si Council members of the Danesan-si located in the 10th day of the same month by March 19, 2007, but actually did not receive normal hospitalized treatment due to outing and going out of the country frequently.

Nevertheless, the defendant was issued a written confirmation of hospitalization as if he was hospitalized with 10 days in the above Cneology.

After that, on March 27, 2007, the defendant submitted a request for false insurance money to the next mountainous district fire-related company located in the Yasan-si.

As a result, the Defendant received insurance money of KRW 202,550 on March 28, 2007 from the Dong fire that is believed to be true, and acquired the insurance money of KRW 16,590,150 on 38 occasions on the grounds of various diseases, injuries, etc. from March 28, 2007 to October 21, 2014, such as receiving insurance money of KRW 202,550 on March 28, 2007.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Analysis and medical advice, investigation report (fire analysis and medical advice in the same department), request for cooperation in investigation (health insurance examination and evaluation institute);

1. Previous convictions: Inquiry into criminal history, report on investigation (Submission of suspect's judgment), and application of Acts and subordinate statutes concerning criminal reporting;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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