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(영문) 대전지방법원 2018.10.18 2017고단4613
공문서변조등
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

[Criminal record] On November 9, 2017, the Defendant was sentenced to a suspended sentence of five months for larceny by the Daejeon District Court, and the said judgment became final and conclusive on November 17, 2017.

[Criminal facts]

1. On December 2015, the Defendant changed the term of hospitalization of the Defendant in the name of the head of the Chungcheongnam-Namnam University Hospital, who was duly issued at the scene of his/her absence, from “one day from January 2, 2015 to December 21, 2015” to “one day from January 2, 2015 to January 21, 2015” to “one day from January 21, 2015” to “one day from January 21, 2015” to “one day from January 21, 2015” to “one day from January 21, 2015” to “one day from December 21, 2015.”

Accordingly, for the purpose of uttering, the Defendant modified a written confirmation of hospitalization against the Defendant under the name of the head of the Chungcheongnam-nam University Hospital.

2. On December 29, 2015, the Defendant filed a claim for the payment of insurance money with respect to an altered official document as stated in the foregoing paragraph (1) to an employee who is not aware of the fact of the alteration, and used the altered official document by facsimile as if it was duly formed.

3. From January 2, 2015 to January 21, 2015, the Defendant attempted to commit fraud: (a) was hospitalized at the time, at the place of the foregoing paragraph (2) above; (b) however, even if there was no hospitalization at the university hospital around the day from January 21, 2015, the Defendant was hospitalized for the 19-day period at the Chungcheongnam-nam Hospital under the name of the diagnosis of the victim Samsung T&T disaster insurance (the State); and (c) the employee, who was unable to identify the name of the person in charge of paying the insurance proceeds by calls for the victim Samsung T&T accident insurance (the State), was hospitalized for the said 19-day period.

“Along with the receipt of an insured incident, the insured event was modified as described in the foregoing paragraph (1) and sent to the insurance company a letter of confirmation of hospitalization and a letter of claim for insurance money to the Defendant under the name of the president of the Chungcheongnam-nam University Hospital.

Although the defendant intends to receive 3.80,000 won as insurance money from the injured party, the defendant's intention is whether the injured party fails to comply with it.

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