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(영문) 대전지방법원 2017.07.11 2017노325
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Reasons for appeal;

A. misunderstanding the facts or misapprehension of the legal principles, as the Defendant received proper hospitalized treatment according to the direction of the doctor due to the necessity of hospitalization, there is no fact of deceiving the victim, and there is an error of misunderstanding the facts or misapprehension of the legal principles in the original judgment which convicted the Defendant even though he did not

B. The sentence sentenced by the court below (10 months of imprisonment and 2 years of suspended sentence) is too unreasonable as it is improper to make the sentencing improper.

2. The judgment of the court below

A. On May 12, 2006, the summary of the facts charged in the instant case is that the Defendant subscribed to the interesting life insurance company on the grounds of minor injury or disease, etc., and then subscribed to the interesting country life insurance company on May 12, 2006. “The Defendant paid KRW 51,830 per month insurance premium to four insurance companies, including Dongbu Fire Insurance Co., Ltd., ING Life Insurance Co., Ltd., and Qatra Life Insurance Co., Ltd., and subscribed to six guaranteed insurance products in duplicate.” The content of the instant insurance products’ guarantee is guaranteed from KRW 60,000 per day to KRW 120,000 per day in proportion to the number of days of hospitalization, and from KRW 30,000 per day to KRW 120,000,000 per day. The Defendant did not discharge the insurance money even if it is possible to receive medical treatment from time to time and repeated hospitalization for unnecessary long time, etc.

On December 8, 2007, the Defendant was hospitalized into the E Council member located in Seo-gu Daejeon, Seo-gu, Daejeon on the ground of chronic organ infection and was hospitalized for more than 28 days for the purpose of receiving insurance money, and on the ground of the hospitalization, on January 4, 2008, filed a claim for insurance money with the victim interesting State Life Insurance Co., Ltd. on January 24, 2008, and on January 24, 2008, transferred KRW 3,003,452 from that time to April 7, 2014 in the same manner.

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