2010 Fixed 485 Fraudulent

(58)

Kim Jong-Un

April 23, 2010

A defendant shall be punished by a fine of two million won. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

Around March 4, 2002, the Defendant was diagnosed with C-type hepatitis at a hospital, and was treated with hepatitis from August 8, 2002 to September 11, 2002, but was insured without notifying the above diagnosis and treatment, ******* on October 16, 2002, after being insured for non-performance of duty of disclosure by a stock company **** on the ground of non-performance of duty of disclosure.

Around December 6, 2002, the Defendant subscribed to a life insurance **** Insurance Company’s non-distribution of stocks ****, without notifying of the above diagnosis and treatment in spite of the obligation to notify the above diagnosis and treatment, and concluded an insurance contract with the above company by deceiving the employees of the victim company as if there was no such diagnosis and treatment, and then received KRW 2.50,000 won by claiming insurance money for the hospitalized treatment at the point of Daegu Suwon-gu on August 1, 2005 *** from around that time to June 30, 2009 by receiving KRW 9,610,000 in total as insurance money from the victim as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1.*The police statement of**

1. Requests for hospitalization and receipt of each hospitalization;

1. Application of Acts and subordinate statutes on payment of insurance proceeds;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act; Selection of fine

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges Park Sang-hoon