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(영문) 인천지방법원 2018.04.20 2018고정310
허위진단서작성교사등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant entered into a contract with the victim Samsung Life Insurance Co., Ltd. on Nov. 4, 2002 and the Spain Social Insurance Co., Ltd. on Nov. 4, 2002, and the said insurance product was an insurance product that guarantees KRW 1 million per time when undergoing a crypt operation.

On May 3, 2016, the Defendant came to know on May 3, 2016 that if he/she had undergone an crypt operation on one occasion at D D D D D D D’s office, he/she would be able to receive insurance proceeds of KRW 2 million, not KRW 1 million if he/she had undergone the crypt operation two times at the time of claiming insurance proceeds, and on May 2, 2016;

5.3. The diagnosis certificate was issued as if the procedure had been conducted over this mold and was able to obtain insurance proceeds by fraud based on that diagnosis certificate;

1. As the context requires, correction was made, to the extent that it does not materially disadvantage the defendant's right of defense.

On June 8, 2016, the Defendant stated to the effect that “a diagnosis certificate is issued as if he/she performed a procedure over this mold” to C, and caused the above C to have him/her prepare a false diagnosis certificate as if he/she performed a procedure over this mold, even though he/she did so through this mold.

Since then, the above C was performed on May 3, 2016 by the Defendant on May 3, 2016 and May 2, 2016

5.3. Drafting a false medical certificate as if it had undergone an crypt operation over this mold.

Accordingly, the defendant instigated the above C to prepare a false diagnosis report.

2. On July 4, 2016, the Defendant attempted to commit fraud: (a) filed a claim for insurance proceeds at the victim Samsung Life Insurance Co., Ltd.’s annual branch located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon; (b) filed a false medical certificate with employees at the place; and (c) received insurance proceeds of KRW 2 million; (d) however, the Defendant confirmed that the said medical certificate does not conform to the facts and paid the insurance proceeds to only one million won, and paid the remainder one million won.

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