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(영문) 서울북부지방법원 2019.01.31 2018고단598
사기등
Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for eight months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

1. Defendant A

A. On April 23, 2015, at around 02:00, the Defendant: (a) caused an accident where the Defendant was able to drive a ice car on the road in the D apartment complex, Chungcheongnam-gun, Chungcheongnam-gun; and (b) thereby, was hospitalized by the Defendant due to the occurrence of the accident where the retaining wall was placed, and accordingly, the Defendant was hospitalized by suffering from an injury to the Gyeongsung and dives; (c) the F Hospital, the Armed Forces Waterworks Hospital, the National Rehabilitation Center

On May 2016, in order to receive more insurance money from B and C from the National Rehabilitation Center of Gangseo-gu, Seoul National Rehabilitation Agency on March 5, 2016, the Defendant was instigated to have left hand and two legs as if they were unable to move. Accordingly, the Defendant was willing to receive insurance money from the insurance companies that subscribed to the insurance, by acting as if he did not walk the Defendant’s left hand and two legs.

On August 23, 2016, the Defendant pretended to have left hand and two legs in G hospital located in Dobong-gu Seoul Metropolitan Government, and issued a written diagnosis of a disability with a disability rate of 70% from the above G hospital under the name of the deceased in detail, such as the spathy, etc., and using it on November 28, 2016, claimed insurance money from the victim to the victim HH bank around October 19, 2016, and received KRW 14 million from the victim as the beneficiary of the insurance money under the long-term insurance money.

B. On April 1, 2016, the Defendant attempted to commit fraud, by filing a claim for insurance proceeds with the victim KK KK Bank Co., Ltd., and submitting a written diagnosis of a post-treatment disability under the name of G Hospital issued with the disability rate lowered by the above methods in the inspection process to determine the insurance proceeds accrued thereafter, the Defendant failed to receive KRW 91,719,122 from the victim KK Bank Co., Ltd. in the name of the next disability diagnosis fund. However, even though the victim suspected of the actual physical disability of the Defendant did not have the intent to withhold the payment of insurance proceeds, the Defendant failed to do so.

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