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(영문) 수원지방법원 여주지원 2019.02.12 2018고단841
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

According to the Guarantee of Automobile Accident Compensation Act, a medical institution established under the Medical Service Act may not claim expenses for motor vehicle insurance medical fees under the Guarantee of Automobile Accident Compensation Act from an insurance company unless it is a medical institution.

Nevertheless, on December 2011, the Defendant, while operating the Council members established in violation of the Medical Service Act, provided the patient with employment, and provided the patient with medical treatment. The Defendant: (a) filed a claim for motor vehicle insurance medical fees with the victim C Co., Ltd. which was not aware of the establishment in violation of the Medical Service Act; and (b) received KRW 59,273,00 from the victim who believed the fact to be true and received the amount of KRW 59,273,00 under the name of motor vehicle insurance fees; (c) from May 2016, the Defendant deceiving seven insurance companies, such as the victim C Co., Ltd., such as the victim Co., Ltd., by the above method, while operating the Council members, as indicated in the attached list of crimes, until May 2016.

Judgment

The insurer of the automobile insurance contract shall be bound to indemnify for any loss caused by an accident which has occurred while the insured owns, uses or manages an automobile (hereinafter referred to as "traffic accident").

(2) On the other hand, Article 726-2 of the Commercial Act provides that the purpose of the Guarantee of Automobile Accident Compensation Act is to protect the victims including traffic accident patients, etc. (hereinafter “victims”). Article 726(2) provides that when liability for damages arising from traffic accidents occurs to the insured, etc. of automobile insurance, the victim may request the insurer, etc. to pay the insurance money, etc. directly to him/her pursuant to Article 724(2) of the Commercial Act (the former part of Article 10(1)). Of them, the amount corresponding to automobile accident insurance medical fees may, at the victim’s option, request the medical institution directly

(latter part of the same paragraph). On the other hand, medical institutions.

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