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(영문) 부산지방법원 동부지원 2017.02.14 2016고정580
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a patient hospitalized in the “(g) D convalescent Hospital” located in Busan Military Department C.

In fact, the Defendant, by taking advantage of the fact that the above hospital’s hospitalization of patients with minor injuries or diseases that need not be hospitalized, or by taking advantage of the fact that he/she may claim insurance money from the patient, even if he/she did not receive any actual hospitalized treatment, after being hospitalized for a long time beyond the period actually needed for hospitalized treatment.

From November 3, 2014 to January 2, 2015, the Defendant was hospitalized at the above hospital due to the type B-cell forest type, etc., but the Defendant did not need to undergo hospital treatment because of no pain or inconvenience, and even if he did not undergo hospital treatment within the above period due to frequent out-of-door and out-of-door gambling, the Defendant received a confirmation letter of entry and discharge and receipt, and received a receipt, and received a receipt, and received KRW 6,374,826 as medical expenses for hospitalization around January 10, 2015, and received KRW 6,374,826 as medical expenses for hospitalization from the victim insurance companies to April 9, 2015, and received KRW 19,070,525 in total from the victim insurance companies on nine occasions in total as shown in the list of crimes.

Summary of Evidence

1. Legal statement of witness E;

1. A criminal investigation report (Attachment of suspect communications details and medical analysis content to the table);

1. A criminal investigation report (to hear opinions of doctors);

1. A communications details;

1. The details of the F (A) accident (Hospitalization and treatment);

1. Each set of hospitalization;

1. A copy of the nursing record book;

1. A copy of the insurance claim;

1. Application of Acts and subordinate statutes to certificates of admission and discharge;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's summary of the assertion.

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