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(영문) 광주지방법원 2017.12.19 2017고정1447
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around November 8, 2016, the Defendant received a written confirmation of entry and discharge, medical expenses receipt, etc. stating that he/she received the hospitalized treatment, even though he/she had not received the hospitalized treatment due to the c hospital located in Seo-gu, Gwangju, the fact from October 26, 2016 to November 8, 2016. On December 7, 2016, the Defendant submitted a written confirmation of entry and discharge, medical expenses receipt, etc. to the victim’s Dong-dong fire, the victim Samsung Samsung, the victim Samsung, the modern sea of the victim, the victim’s Han-gu, the victim’s post office on December 9, 2016, the victim’s merts fire on December 12, 2016, the victim’s life, the victim’s Samsung Life, the victim’s Samsung, and the name of the victim’s Saemaul Life without knowing the victim’s request for payment, and the following month’s written confirmation of hospitalization, etc.

7. The same month; KRW 916,117 from the victim Samsung Fire; KRW 560,00 from the victim's Korean-style life; KRW 420,00 from the victim's modern sea; and

8. 560,000 won from fire on the part of the victim, and the same month.

9. The injured party’s post office received KRW 1,260,000 from the injured party’s Mz fire on the 12th of the same month, KRW 700,000 from the injured party’s life on the 13th of the same month, KRW 700,000 from the injured party’s Samsung Life, KRW 840,000 from the injured party’s Samsung Life, and KRW 700,000 from the Defendant’s Saemaul Bank’s community credit cooperative on the 14th of the same month, respectively.

Accordingly, the defendant acquired 6,656,117 won in total as insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A false list of hospitalized persons;

1. Application of Acts and subordinate statutes concerning claims and payment of respective insurance proceeds;

1. Relevant Article of the Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Fraud in the Selection of Punishments. Article 8 (Selection of Penalty)

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime are as follows: (a) recognizing the instant crime; (b) reflecting the erroneousness; (c) having no record of the suspension of execution or heavier punishment; and (d) issuing a summary order.

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