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(영문) 울산지방법원 2015.01.16 2014고단3400
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant selected several insurance products with a high level of guarantee and, rather than for the purpose of receiving insurance proceeds, such as hospitalization expenses and medical expenses, for the purpose of receiving insurance proceeds, rather than for treatment, the Defendant did not receive proper hospitalized treatment while frequently staying out or staying out at a hospital which is easy to be hospitalized with respect to a disease that can sufficiently be treated, or, even if the disease requires hospital treatment, after receiving long-term hospitalized treatment more than necessary, submitted relevant documents necessary for receiving insurance proceeds, such as a certificate of hospitalization, a medical certificate, etc., stating that he/she had undergone proper hospitalized treatment from the relevant hospital at the time of discharge, and submitted them to each insurance company that had already subscribed

On August 23, 2011, the Defendant entered into an insurance contract for the victim Hyundai Marine Insurance Co., Ltd. and the insured, A, and C, the monthly insurance premium of KRW 30,000.

After entering into an insurance contract as above, the Defendant was diagnosed as “B Hospital” located in Busan-gun C, Busan-gun, and was hospitalized for 27 days from that time on March 17, 2012, after receiving the diagnosis of the “B Hospital”, etc. in the “B Hospital” located in the Busan-gun, Busan-gun, and received hospital treatment for 27 days from that time.

However, the above disease can be sufficiently treated by the hospital. The patient was hospitalized with the intention of receiving insurance proceeds, such as hospitalization expenses and medical expenses, from the insurance company that already joined the hospital. According to the content of the treatment during the period of hospitalization, the doctor prescribed that the patient was subject to 78 times, but the 46 times of the determination was made without records, and the records were recorded as “in the absence”. The physical therapy was 43 times prescribed, but 70 times of the determination was not properly hospitalized, and it was practically impossible for other hospital to receive outpatient treatment for a long time, such as receiving outpatient treatment.

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