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(영문) 광주지방법원 2016.04.07 2015고단3643
사기
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to a suspended sentence of two years for eight months due to the establishment of gambling spaces at the Daegu District Court on January 9, 2015, and the said judgment was finalized on March 17, 2015.

[Criminal facts]

1. Defendant A, who was hospitalized, bought an insurance contract that provides not only medical expenses but also daily allowances for hospitalization, with intent to obtain insurance proceeds by claiming the insurance company after hospitalized in the hospital, even though the fact is a disease with a minor need to be hospitalized.

From November 8, 201 to December 9, 2011, the Defendant: (a) hospitalized the J Hospital located in Gwangju Seo-gu, Seo-gu, Seo-gu, in 32 days of hospitalization; and (b) received a written confirmation of hospitalization on December 12, 201; and (c) filed a claim for insurance proceeds with the Victim Samsung Life Insurance Co., Ltd. as if the Defendant received hospitalized treatment at the hospital for a long time due to the need for long-term hospitalization of the above disease.

However, in fact, the above disease of the defendant was a minor disease without the necessity of hospitalization.

Nevertheless, on January 2, 2012, the Defendant: (a) by deceiving a person in charge of the payment of insurance proceeds of the victim company; (b) received KRW 1,341,606 from one bank account (Account Number K) under the name of the Defendant around January 2, 201; and (c) received the total amount of KRW 37,85,839 from December 12, 201 to July 23, 2012, the Defendant was hospitalized on nine occasions in total as shown in the List of Crimes in the attached Table (1); and (d) acquired the insurance proceeds of KRW 37,85,839 from July 23, 2012.

2. Defendant B, who was hospitalized, bought an insurance contract that provides not only medical expenses but also daily allowances for hospitalization, with intent to obtain insurance proceeds by claiming the insurance company after hospitalized in the hospital, even though the fact is a disease with minor necessity of hospitalization.

The Defendant was hospitalized for 15 days from March 12, 2012 to March 26, 2012 in Gwangju Dong L with light base, etc., and received a written confirmation of hospitalization on April 2012.

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