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(영문) 서울남부지방법원 2017.02.15 2015고단4523
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

On October 7, 2009, the Defendant subscribed to C insurance of 115,000 monthly insurance premium of 115,000, and, without having to undergo continuous management and observation of medical personnel for the purpose of receiving insurance money, such as hospitalization expenses, nursing expenses, etc., the Defendant, without having to undergo continuous management and observation by the medical personnel, was hospitalized only for a hospital which is able to be sufficiently treated by its members, and was hospitalized for a long time, as long as necessary, after receiving hospital treatment for a long time, the Defendant was hospitalized for a long period of time, and was willing to receive insurance money by receiving necessary documents for receiving the insurance money, such as a certificate of hospitalization and a medical certificate stating that the time of discharge was appropriately hospitalized

피고인은 2011. 5. 24. B( 주) 사무실에서, ‘ 다리가 땡기고 아프다’ 는 이유로 2011. 4. 29.부터 2011. 5. 21.까지 서울 영등포구 D에 있는 E 병원에서 총 23 일간 정상적으로 입원치료를 받은 것처럼 보험금을 청구하였다.

However, the symptoms of the defendant were not hospital treatment, but only hospital treatment or hospital treatment for a short period of time, which could achieve the purpose of sufficient treatment, and actually received hospital treatment.

The Defendant, as above, deceiving the victim B (state) and received KRW 1,294,115 as insurance money from the victim on May 24, 201, as well as receiving KRW 1,294,115 from the victim. From that time, the Defendant, from January 15, 2015, the number of annexed crimes Nos. 1 through 14,16, and 31 listed in the annexed crime list Nos. 15 is dismissed by the public prosecutor’s revocation of the public prosecution. As such, the Defendant acquired the insurance money of KRW 70,729,408 in total over 30 times.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. An application for insurance contract;

1. Documents related to the payment of insurance proceeds, such as letters on estimated payment of insurance proceeds and requests for insurance proceeds;

1. A comprehensive report on analysis of records of diagnosis and treatment of patients;

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