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(영문) 인천지방법원 2014.09.26 2014노2158
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) shows that the defendant frequently released during the period of hospitalization, that the defendant could have been immediately out of the hospital whenever there is no urgent use, that is, that the defendant was not required to continue to be in the hospital and could have sufficiently access to the hospital. At the time of hospitalization, the defendant was merely subject to the second caution diagnosis, that the defendant was hospitalized at the time of hospitalization, that the E hospital in which the defendant was hospitalized was the place of insurance fraud at the hospital level, and that the diagnosis received by the defendant cannot be deemed to be the proper decision of the defendant. In light of the above, it is recognized that the defendant acquired the insurance money by deceiving the insurance company as if he was actually hospitalized even though he suffered minor damage.

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged was around November 29, 2012, around 12:16, the Defendant was faced with a traffic accident where a vehicle in the front of the Seo-dong, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seoul, was rapidly parked and the vehicle in the front direction was faced with a traffic accident that shocks the front and rear of the vehicle.

In such a case, although the Defendant knew that he would be able to receive more traffic accident agreements and long-term and life insurance money from the insurance company to be hospitalized in a hospital, he/she received minor damage by exaggerationing it, he/she has attempted to deceiving the insurance company as if he actually received hospitalized treatment

On January 2, 2013, the Defendant claimed insurance premiums from the victim Dong Fire Marine Insurance Co., Ltd., the victim Samsung Fire Marine Insurance Co., Ltd., on January 7, 2013, and from January 9, 2013 to the victim JG Life Insurance Co., Ltd., Ewon (hereinafter “instant hospital”) located in Seo-gu Incheon, Incheon, to the victim JG Life Insurance Co., Ltd., as if they received hospitalized treatment for 20 days from November 29, 2012 to December 18, 2012.

However, the facts are about 29 times when the defendant was hospitalized.

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