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(영문) 부산지방법원 2017.01.18 2016고단7762
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, who had worked as an insurance designer in Algerts Lifelong, repeatedly purchased an accident insurance policy that provides the amount of expenses per day of hospitalization in proportion to the number of days of hospitalization at a large number of insurance companies, and hospitalized without requiring hospitalized treatment, or received hospital treatment more than necessary, and received the insurance money from the insurance companies to receive the insurance money.

On July 30, 2008, the Defendant: (a) hospitalized the pertinent hospital in Busan Dong-gu, Busan; (b) on the ground that the fact was not required to be hospitalized at the hospital, but went beyond the toilet located at the Defendant’s home on July 24, 2008; and (c) received the hospitalized treatment for 31 days under the name of the disease, such as fluoral and fluoral base, etc., at the 31st day after receiving the hospitalized treatment; and (d) around September 6, 2008, filed a claim for insurance proceeds from the said hospitalized treatment with the victim’s interest country fire; and (e) around September 10, 2008, received KRW 1,137,060 as the insurance proceeds from the fire at the interest country of the said victim.

In addition, from around that time to May 20, 2015, the Defendant received a total of KRW 340,616,589 as insurance money from six insurance companies, the victims of which are victims, by being hospitalized or receiving hospitalized treatment more than necessary, at least 81 times, as described in the attached list of crimes, from around that time to around May 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect by the prosecution against E or F;

1. Each prosecutor's statement concerning G, H, I, J, K, L, and M;

1. Each police statement made against N,O, or P;

1. Written statements of Q, R, S, T, U, and V;

1. (A) the transmission of a suspected insurance fraud, and the application of each investigation reporting statute;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] of Article 2 types (not less than KRW 100 million, but less than KRW 500,00), the basic area (one year to four years), and there is no person [the person who is subject to special sentencing] of Article 38(1)2 of the Criminal Act for the aggravation of concurrent crimes (the scope of

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