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(영문) 광주지방법원 목포지원 2018.02.09 2016고단1422
사기
Text

Defendant

C A person shall be punished by imprisonment for not more than four months.

However, the above sentence against Defendant C for a period of one year from the date this judgment became final and conclusive.

Reasons

The criminal history of the crime (defendant C) committed by the Defendant, using an opportunity to buy multiple insurance policies, committed a minor disease that is unnecessary to be hospitalized or that needs to be hospitalized, but he was hospitalized at a hospital for a longer period than the necessary period, and tried to claim insurance money from the insurance company and obtain it by fraud.

On February 14, 2012, from around February 27, 2012 to around February 27, 2012, the Defendant: (a) hospitalized in F Hospital E for 14 days due to the need for a long period of hospitalization on February 28, 2012; and (b) claimed insurance money with a written confirmation of hospitalization attached to the victim D, as if the Defendant received hospitalized treatment at the hospital due to the need for a long period of hospitalization on February 28, 2012.

However, the above disease of the defendant was a relatively minor disease that does not require hospital treatment for up to 14 days.

Nevertheless, the Defendant: (a) by deceiving a person in charge of payment of insurance money in the name of the victim company; (b) received KRW 420,000 from the injured party on February 29, 2012; and (c) thereafter received KRW 20,985,924 in total from January 12, 2015 as stated in the list of crimes in attached Table 20,985,924 as insurance money, from around nine times until January 12, 2015.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence (Defendant C)

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Responses to requests for deliberation on the propriety of hospitalization;

1. Application of Acts and subordinate statutes, such as the details of subscription to insurance by the insured party, the current status of payments by the insured party, the details of use of H, the details of use by H (C), the J (A, C), the details of use by J (Evidence No. 57), the summary and examination (Evidence No. 57), the results of analysis of the record of medical treatment (Evidence No. 58), C insurance fraud case-medical records, C insurance fraud case-

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting a crime (to select each imprisonment with prison labor, inclusive, for each damaged company);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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