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(영문) 서울중앙지방법원 2018.06.07 2017고단2433
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

From December 14, 2005 to December 20, 2012, the Defendant subscribed to seven insurance products, including Samsung Life Insurance Co., Ltd., “Non-Distribution Samsung C&T” from seven insurance companies.

From November 7, 2008 to November 26, 2008, the Defendant was hospitalized in D Hospital located in Geumcheon-gu Seoul Metropolitan Government for the reason of the escape from signboards for 20 days, and on November 27, 2008, the Defendant filed a claim for insurance money with the employee in charge of the victim Samsung Samsung Life Insurance (owner) submitted relevant documents, such as a written confirmation of entry and discharge for 20 days.

However, since the symptoms of the defendant at the time have been repeated by preservation and prescription, there was no need for the long-term hospital treatment for 20 days as the substance of treatment is merely for outpatient treatment.

As above, the Defendant, by deceiving an employee in charge of the victimized person, received KRW 600,000 of the insurance money on November 28, 2008 from the victimized person to the account of our bank account under the name of the Defendant, from that time, and repeated unnecessary long-term hospitalization over 10 times in total from December 13, 2013, such as the list of crimes (except No. 10 No. 5) in the attached Table (except for the No. 10), and received money by remitting KRW 29,755,953 of the insurance money from time to time during the period of hospitalization, even though the Defendant did not receive substantive hospitalized treatment, such as from time to time during the period of hospitalization, deeming that he is personal.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of E, F, G, H, and I;

1. Report of investigation (Attachment of the judgment, etc. of the same kind of case), text of the judgment, report of investigation (report on repreparation of the list of crimes), and list of crimes committed;

1. Personal information of the persons concerned, insurance contracts and payment of insurance proceeds, list of the status of hospitalization, suspected charge of medical analysis of daily families, payment status of insurance proceeds in the life-long care industry, list of hospitalization by the persons concerned, the status of hospitalization by each family member, the details of the medical care benefits, each card reply, the details of the use of A card, the details of accompanying hospitalization, the details of insurance subscription, insurance documents, insurance contract documents, insurance subscription documents, insurance subscription items, etc.;

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