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(영문) 대전지방법원 천안지원 2018.01.12 2017고정630
사기
Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On August 10, 2016, around 00:50, Defendant A received KRW 1,854,60,00 from the victim Samsungsung Disaster Insurance Co., Ltd. to which H was enrolled and received KRW 1,854,60 under the pretext of hospital treatment and agreement, even though he/she did not have any particular treatment because he/she did not receive direct shock from the vehicle, from August 10, 2016 to August 22, 2016, when the Defendant was hospitalized in the IMO-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, in order to receive from the victim Samsungsung Disaster Insurance Co., Ltd. the 1,854,600 under the pretext of hospital treatment and agreement.

2. Defendant B, at the date and time, at the place specified in the foregoing paragraph 1, and at the GM5 car driven by F, he shocked the said SM5 car, and Defendant B, despite the fact that there was no particular wound due to the lack of direct shock from the vehicle, and thus, there was no need for hospitalization treatment, Defendant B, who was hospitalized in the Republic of Korea, the Republic of Korea from August 10, 2016 to August 22, 2016, acquired KRW 1,837,600 for hospital treatment and agreement from the victim Samsungsung Insurance Co., Ltd., Ltd. to which H was enrolled, under the pretext of hospital treatment and agreement.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of a part of the Defendants to the prosecution

1. A protocol concerning the examination of a certain police officer against F, or a protocol concerning the examination of a suspect of the police officer against H;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each insurance claim, CCTV quality improvement video, each investigation report (verification of the details of use of the check card for the period of hospitalization of suspects), investigation report (report on the result of execution of a communications warrant);

1. The Defendants: Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; and Article 347 of the Act on the Selection of Fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim.

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