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(영문) 창원지방법원 2018.03.07 2015고단1678
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 28, 2007, from around July 27, 2009 to around July 27, 2009, the Defendant subscribed to four insurance products, such as the victim Samsung Life Insurance Co., Ltd., Ltd., for which the daily amount of hospitalization is duplicate according to the number of hospitalization days

Although it is possible for the Defendant to take out multiple insurance as above, he was able to receive the insurance money for a long time and receive the insurance money. From August 27, 2010 to September 16, 2010, the Defendant was hospitalized into the E-type department located in Sung-gu, Changwon-si, Sungwon-si, for the 21st day from around August 27, 2010, and was hospitalized into the 1,170,000 won for the victim Samsung Life Insurance Co., Ltd. and received the insurance money equivalent to the amount on the same day.

The Defendant, including that, from around that time to March 28, 2013, received insurance money of KRW 5,480,330 from the victim insurance company by deceiving the victim insurance company in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the witness G in the third public trial records;

1. Statement made by the witness H in the fifth public trial records;

1. Each statement of F and H;

1. Analysis of communications data;

1. Details on the use of the check card;

1. Answers to the request for deliberation, including the appropriateness of hospitalization and treatment;

1. The details of communication confirmation (private right 1-1), the details of banking transactions (private right 2);

1. Each confiscated hospital data (special zone 3-2, 3-3, 3-4);

1. Application of Acts and subordinate statutes (No. 4-1, 4-2) to each insurance company's letters;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) guilty and the reasons for the suspended sentence;

1. The term “hospitalize” refers to the conditions of nutrition and food taken in, where continuous observation by a medical personnel is necessary in relation to the side effects or incidental effects of drugs which show very low resistance to, or are administered by, the disease of the patient.

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