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(영문) 창원지방법원 2015.11.04 2015고단1150
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From October 2008 to November 201, 2010, the Defendant subscribed to 9 insurance products, such as a new life insurance company, etc., with which the daily amount of hospitalization is repeated according to the number of days of hospitalization.

The Defendant subscribed to a large number of insurance policies as above, but was able to provide long-term hospitalized treatment and receive insurance proceeds, and was hospitalized in the E Hospital located in the window of Changwon-si for 18 days from December 17, 201 to January 3, 201, and then filed a claim for insurance proceeds of 450,000 won with the Victim New Life Insurance Co., Ltd. on January 3, 201, and received the above insurance proceeds on the fourth day of the same month.

The Defendant, including that, from around that time to August 6, 2014, by deceiving the damaged insurance companies in the same manner as indicated in the attached list of crimes, and acquired insurance proceeds from KRW 214,853,854 in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of each police statement to G, H, I, and J;

1. Suspect A insurance company data 1,2

1. Materials for the analysis of suspect A cases: 1, 2, 3, 4;

1. Medical advice for suspect A;

1. Analysis of investigation reports (for a suspect's hospitalization period, credit cards and communications details), credit card transactions analysis table, and telephone conversations analysis;

1. Application of Acts and subordinate statutes to investigation reports (a suspect's attachment to details of insurance coverage);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable

1. The defendant asserts that the defendant had received hospitalized treatment for treatment of a disease, but did not have obtained insurance money by deceit or exaggerated hospitalization.

2. Determination:

A. In general, hospitalization of a general legal doctrine means.

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