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(영문) 인천지방법원 2016.11.17 2015고단6349
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was hospitalized in a hospital even though there is no need to be hospitalized by using opportunities to buy a large number of insurance policies, and tried to claim insurance money from an insurance company and acquire it by fraud.

From May 4, 201 to May 14, 2011, the Defendant: (a) hospitalized “D’s Council members in Nam-gu Incheon Metropolitan City, with a 11-day hospitalization unit; and (b) issued a written confirmation of hospitalization on May 25, 2011; and (c) claimed insurance money with a written confirmation of hospitalization attached to the Victim Samsung Fire Marine Insurance Co., Ltd., Ltd. on June 1, 201; and (b) claimed insurance money to the Korea Life Insurance Co., Ltd., Ltd., a written confirmation of hospitalization on May 25, 2011.

However, the above disease of the defendant was a minor disease without the necessity of hospitalization.

As above, the Defendant deceivings a person in charge of the payment of insurance proceeds of the victims, and is in its jurisdiction from the victim Samsung Fire Maritime Insurance Act

5. A list of crimes in the following manner: (a) around 26.26. Around June 2, 201, the victim Hansung Life Insurance Co., Ltd. received KRW 128,000 under the name of insurance money, etc. on or around June 2, 201; and (b) from around May 20, 2014, the list of crimes in the following manner: Provided, That all parts of the 7, 14, and 19 times of hospitalization shall be deleted, and the sum amount shall be changed to KRW 55,608,564.

As described above, 55,608,564 won was received and acquired by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Each investigation report "inpatient" means a continuous observation by a medical personnel in relation to the side effects or incidental effects of drugs, which are very low resistance to or are administered by the patient's disease, or where the management of the nutritional conditions and the foods ingested is necessary, the administration and treatment of drugs, etc. are required.

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