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(영문) 인천지방법원 2012.04.19 2011고정994
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Despite the possibility of running a dance institute, the Defendant was hospitalized in the Bupyeong-gu Incheon Bupyeong-gu B Hospital on March 29, 2010 through April 19, 2010 due to the negligence of the symptoms to receive insurance money by neglecting the treatment of hospitalization, and was hospitalized in the hospital for the purpose of receiving the insurance money, but the Defendant was hospitalized in the hospital for the purpose of operating the dance institute. However, the Defendant did not undergo normal hospitalized treatment by going out or going outside the hospital over several times, such as going outside the hospital in Seoul Jung-gu, Seoul.

Nevertheless, on April 20, 2010, the Defendant submitted a medical certificate, a certificate of entry and discharge, and a receipt to the victim Samsung Bio-resources, and filed a claim for insurance proceeds as if they were hospitalized in good faith during the above hospitalization period.

Accordingly, on April 22, 2010, the Defendant received 570,000 won from the victim to his own account.

B. On April 21, 2010, the Defendant claimed insurance money from the victim’s East Fire, and received KRW 3,044,000 on April 22, 2010, in the same manner as the foregoing paragraph.

C. On April 22, 2010, the Defendant: (a) filed a claim against the victim for insurance money; and (b) received KRW 1,100,000,000 from April 23, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of the witness C;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Application of Acts and subordinate statutes, such as a monetary statement, written confirmation of hospitalization and medical record;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. According to the statement of the defendant's suspect interrogation protocol, confirmation of hospitalization, medical record, etc. as to the defendant's reasons for conviction under Article 334 (1) of the Criminal Procedure Act, the defendant's main name is "definite finite finite finite finite finite, spine fin finite finite finite finite fin

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