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(영문) 의정부지방법원 2018.08.16 2017고정38
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, who was subscribed to B’s loss insurance, was hospitalized in the E hospital operated by the president D in Gyeonggi-gun Group E from February 27, 2015 to July 9, 2015.

The Defendant paid hospital fees and received hospital receipts, and received a discount of 5 to 10% from the total amount, and attempted to receive false receipts stating a larger amount than the amount actually paid, from B, which are issued by E hospital, to receive insurance money from the insured.

On March 20, 2015, the Defendant claimed KRW 45,285,30 on September 25, 2015, and received KRW 5,142,730 on March 25, 2015, and received KRW 40,274,30 on September 3, 2015.

As a result, the Defendant’s false receipt (total amount: 45,305,30) stating the amount higher than that of the hospital expenses actually paid to the E hospital (total amount: 45,305,300, “the hospital receipt to be submitted to the insurance company” as stated in attached Table 45,263,930 means “4,283,930,” and “45,285,300” as stated in the sum of the amounts indicated in paragraph 1 of the same Article means “4,283,930” and “the hospital receipt to be submitted to the insurance company” as stated in the above “4,285,300” is a clerical error of “45,305,300” to the extent that the identity of the facts charged does not harm the Defendant’s exercise of his/her right to defense, and is corrected as above to the extent that it does not materially disadvantage

B by deceiving B in the way of claiming it, 40,274,300 won of insurance money is paid and acquired by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A statement made by each police officer prepared by H and I on receipt, details of receipt, details of receipt on input raw materials and drugs, receipts of seized articles, receipts of insurance companies, and documents of payment of insurance companies;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment for the crime (a comprehensive crime intent)

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