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(영문) 전주지방법원 2016.07.14 2016고단189
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B and D shall be punished by imprisonment with prison labor for up to eight months.

(b).

Reasons

Punishment of the crime

1. Defendant A is an insurance solicitor of the “J”, who is an insurance company located in I in the Jeonju City, and Defendant B is her husband, Defendant C is her husband, Defendant C is her children, and Defendant D is her father.

Although Defendant B’s insurance premium of at least KRW 3.5 million every month due to an accident in 2007, and due to economic circumstances, such as the so-called bad credit standing, etc., the Defendants concluded that Defendant A, while working as an insurance designer, became aware of the fact that Defendant A would normally be paid for a long-term hospitalization within 120 days between one year and 120 days under the same sick name, in addition to the hospitalization cost and the medical treatment cost, and that the fact is sufficient for a common medical treatment because of the result of the examination that the long-term hospitalization is unnecessary or that there is no special opinion and no specific treatment, the Defendants conspired to use large amount of insurance money for living expenses, etc. by acquiring the insurance company’s insurance money by facilitating the issuance of medical certificates or long-term hospitalization, and that it is easy for the insurance company to issue a medical certificate, and that it satisfies the formal long-term hospitalization requirements.

2. Defendant A’s sole criminal act [related to Defendant A’s purchase of insurance under the name of Defendant A] at L oriental medical hospitals located in Chungcheongnam-gu, Seoul Special Metropolitan City around December 6, 2012, and the fact was obtained from the victim Yangyang Life Insurance Co., Ltd. for 17 days until February 22, 2012, by taking account of the following facts: (a) the Defendant was hospitalized for 140,000 won for insurance proceeds from around February 27, 2012 to around August 11, 2014 by taking out KRW 32,53,253 and 255 of the insurance proceeds under the aggregate of the insurance proceeds under the name of the damaged insurance company for eight times as shown in the list of crimes (A crime list) in the attached Table (hereinafter “the list of crimes”).

3. Joint crimes committed by Defendant A and B [related to the purchase of insurance under Defendant B] by conspiracy with the Defendants, and Defendant B’s above “L oriental medical hospital” on January 4, 2012.

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