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(영문) 광주지방법원 2013.10.30 2013고단3292
사기방조
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2009 to the present date, the Defendant is a person in charge of the duties of assisting and controlling the general affairs of the above chest appearance, such as the management of employees, patient management, and overall administrative affairs, in the “E Hospital” located in Gwangju North-gu, Gwangju.

From August 25, 2010 to September 7, 2010, the Defendant: (a) received a request from F to the effect that “patient is sent to the patient”; and (b) during the aforesaid period, upon being aware of the fact that G hospitalized in the above chest X due to the introduction of F during the above period, was hospitalized in order to obtain insurance proceeds by fraud; (c) even though he did not suffer from an injury or disease to the extent that hospitalization is necessary, the Defendant knew that G was hospitalized in the above chest X; (d) in order to assist the Defendant in receiving total insurance proceeds of KRW 6,589,463 from the victim East Fire Co., Ltd., Ltd. on the ground of hospitalization, he told him without permission, and she prepared a transitional record as if G was under treatment; and (e) aiding and abetting the Defendant to obtain insurance proceeds of KRW 6,589,463 from G without permission; and (e) aiding and abetting the Defendant from 2000 to 480 days’s insurance fraud, such as so-called “an 204.”

Summary of Evidence

1. Defendant's legal statement;

1. Closing reports, respective damage adjusting reports, respective certificates of admission and discharge, and records of each admission and discharge;

1. Investigative reports (Attachment of a copy of the decisions concerned), and written rulings; and

1. Application of the Acts and subordinate statutes governing payment details of insurance proceeds;

1. Articles 347 (1) and 32 of the Criminal Act concerning the facts constituting an offense;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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