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(영문) 광주지방법원 해남지원 2019.08.29 2019고정87
보험사기방지특별법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around January 31, 2018, the Defendant received a written confirmation of hospitalization, etc. from the victim D Co., Ltd. and the victim E Co., Ltd. on February 1, 2018 to January 31, 2018, and the Defendant received insurance money from the victim D Co., Ltd. on or around February 2, 2018 as insurance money, and from January 5, 2018 to January 31, 2018, from the victim D Co., Ltd. on the first day on the 15th day after completing hospitalization due to salt, tension, etc., of the 15th day from the victim D Co., Ltd., to the 15th day from January 17, 2018, and from January 5, 2018 to the victim E Co., Ltd., the Defendant acquired insurance fraud in the name of the Defendant’s account under the name of insurance fraud, including KRW 685,700,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, H, and I;

1. Application of Acts and subordinate statutes such as the details of sending (Evidence No. 74), claims for insurance money and payment details (Evidence No. 75) and medical records (Evidence No. 76);

1. Relevant Articles 8 and 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Punishment (the fact that the amount of insurance proceeds acquired by the accused is not much specified, the damage recovery has not yet been made up until now, the fact that the accused is the primary offender, the circumstances of the crime, etc.);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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