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(영문) 인천지방법원 2016.06.17 2015고정1947
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 28, 2012, the Defendant was hospitalized at a medical institution in order to receive insurance money in spite of the need for hospitalization, after being diagnosed as a luxal base from the second floor of E members located in the Nam-gu Incheon Metropolitan City, E members of E members, who issued a false certificate of discharge to receive insurance money from private insurance companies that have subscribed in their name, and issued a false certificate of discharge.

However, there is no fact that the Defendant received hospitalized treatment, such as leaving a G convalescent hospital and living an individual at his own home, etc.

In addition, from June 28, 2012 to August 2, 2012, in order to increase the number of days of one hospitalization, E Council members were hospitalized, and from June 28, 2012 to August 2, 2012, more than seven times on August 6, 2012, such as hospitalization in G convalescent hospitals, repeated hospitalization and discharge on seven occasions, and received a false confirmation of hospitalization and discharge.

Accordingly, the Defendant, based on the false hospitalization record, was issued to receive insurance money from the damaged insurance company, and was deceiving the victim insurance company by submitting a written confirmation of entry and discharge to four damaged insurance companies, such as Samsung Bio Bio-resources, and received 23,359,145 won in total from August 8, 2012 to June 18, 2013, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Copies of each police statement made in relation to H, I, J, K, L, M, N,O, P, and Q;

1. Application of the statutes governing claims for insurance proceeds;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (to select a fine, collectively for each victim);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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