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(영문) 의정부지방법원 2017.09.20 2017고단2833
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 25, 2005, the summary of the facts charged, as indicated in the list of crimes in the attached Form, the Defendant subscribed to nine insurance products of total nine insurance companies from February 20, 2003 to January 11, 2006, including joining the victim Lanna Life Insurance Co., Ltd. with non-dividend social care insurance -1 type goods.

The defendant knew that the above-mentioned insurance products can receive insurance proceeds from 20,000 to 100,000 won as the amount of hospitalization benefits in case of being hospitalized a day. Although it is possible to receive hospital treatment, the defendant was able to receive sufficient medical treatment only by hospitalization of the average number of days of hospitalization publicly notified by the Health Insurance Review and Evaluation Institute, even if hospitalized or hospitalized, but he was hospitalized in excess, and then submitted a written confirmation of hospitalization to the victim insurance company to acquire insurance proceeds.

Around December 1, 2009, the Defendant was hospitalized in G hospital located in Namyang-siF and other G hospital in the Republic of Korea as well as in the symptoms of related symptoms. Although hospital treatment was required for only one week, the Defendant was hospitalized for 22 days after submitting a written claim for insurance proceeds to the victim insurance company, and received KRW 440,000 as the daily day of hospitalization on January 4, 2010, and received KRW 7,640,000 from the victim insurance company in the same manner as shown in the list of crimes in the attached Table between the above date and November 8, 2012.

2. In light of the judgment, the evidence submitted by the prosecutor alone is sufficient to treat the defendant as a patient even though the defendant was hospitalized, or even if hospitalized, he was hospitalized in excess of the average number of days of hospitalization publicly notified by the Health Insurance Review Evaluation Institute, and acquired the insurance money by fraud.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

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