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(영문) 부산지방법원 2017.12.06 2016고단6013
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, from October 25, 1995 to nine insurance products (each month-paid insurance premium of 533,460 won), he/she has bought insurance products that guarantee daily allowances for hospitalization at the time of hospitalized treatment, such as subscribing to the nine insurance products, with a view to receiving insurance proceeds by applying for the daily allowances for hospitalization of an insurance company even though there is no need for hospitalized treatment.

Defendant

A from July 21, 2015 to August 7, 2015, hospitalized at E Hospital located in Ulsan-gu, Nam-gu, U.S., in terms of 18 days of check rain, net bottle, right side, etc.

However, the facts are that Defendant A did not have symptoms, so it was sufficient to provide outpatient treatment only, and Defendant A did not receive proper hospitalized treatment, such as from time to time during the duration of hospitalization and viewing personal duties.

Nevertheless, around September 7, 2015, Defendant A submitted relevant documents, such as a written confirmation of admission and discharge, as if he/she had been actually hospitalized in the Red Culture of the Victim, and applied for insurance proceeds, such as daily allowances for hospitalization, and received KRW 1,950,000 from the said victim insurance company on September 10, 2015.

Defendant

A between September 22, 2007 and December 9, 2015, in total, 323,598,225 won (the total number of hospitalization days 1,290 days) was paid from the victim insurance company in the same manner over 35 times in total as shown in the list of crimes A.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of interest country life SIU, AIG handbook SIU;

1. A protocol of seizure and a list of seizure;

1. Details of subscription to A insurance, details of violation of a duty to notify A, current status of hospitalization of suspects A, records of hospitalization by hospital A, and application of statutes governing receipt of claims for A insurance;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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. Each of the instant crimes with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is sufficient to treat the Defendant as outpatients by abusing the insurance system for eight years.

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