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(영문) 광주지방법원 장흥지원 2017.08.10 2017고단94
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who has subscribed to 6 insurance, such as KRB life, Medididi, Health Care Insurance.

After false hospitalization at a hospital, the Defendant introduced C hospital with the intention to receive insurance money after filing a claim for insurance money based on the certificate of hospitalization and discharge issued by the hospital. On August 6, 2015, the Defendant received counseling related to hospitalization from the hospital-related person after being admitted to the C hospital located in Gwangju Mine-gu, and received counseling from the hospital. From August 6, 2015 to August 19, 2015, the Defendant was hospitalized in the hospital with the name of “brain flusium” in the name of “ brain flusium” at the hospital for 14 days from August 6, 2015. After attaching the certificate of hospitalization and discharge issued by the hospital, the Defendant believed the insurance company to have claimed insurance money for the life of KRB after submitting the certificate of admission and discharge issued by the hospital, and received KRW 1,120,000 from the insurance company on August 25, 2015, and received KRW 382,200,300 financial benefits from the insurance company.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (attaching the details of call calls sent by a suspected suspect);

1. Insurance coverage status and application of Acts and subordinate statutes on payment status;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes committed in relation to life insurance for victims KRB, the most serious criminal fact, shall be aggravated];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The factors of favorable sentencing: the fact that the defendant acknowledges his mistake and reflects his mistake, and the fact that the defendant suffers from brain scambling that requires continuous observation: the insurance money is acquired by false hospitalization.

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