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(영문) 창원지방법원 2015.10.21 2015고단504
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant purchased Non-Distribution PCA insurance of the PCA Life Insurance Co., Ltd. on or around the 3th of the same month, the victim's merts fire and marine insurance Co., Ltd. on the same day, Non-Distribution alphus guarantee insurance of the PCA, the victim's non-distribution alphalflus insurance of the same fire marine insurance Co., Ltd. on or around January 5, 2009, the victim's life insurance Co., Ltd. on or around January 5, 2009, DegnMyLife insurance of the PCA Co., Ltd., Ltd., Non-Distribution alphal Life Insurance Co., Ltd., Ltd., on or around the same day, around July 20, 2009.

As above, the Defendant had subscribed to multiple insurance policies that pay insurance money according to the number of hospitalization days, and had a mind to receive insurance money by means of long-term hospitalized treatment, etc., although it is possible to receive hospital treatment.

Notwithstanding the fact that there is no need to provide long-term hospitalized treatment at the D Hospital located in Kimhae-si for 24 days from January 20, 2009 to February 12, 2009, the Defendant hospitalized the hospital into the right-hand chatitis, and received 480,000 won from the Korea Life Insurance Co., Ltd. around February 18, 2009.

The Defendant, including that, from around that time to July 31, 2013, received total of KRW 61,854,441 from the above victim insurance companies as shown in the attached crime list.

Accordingly, the defendant was given property by deceiving the victim insurance company.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (as to attaching medical documents);

1. Application of Acts and subordinate statutes on the details of payment of insurance proceeds, replys to financial transactions, and one book (A Analysis Data);

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The grounds for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommendations] shall be the basic area (6 months to 100 million won) (6 months to 6 months) of the Criminal Act.

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