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(영문) 의정부지방법원 2013.10.02 2013고단1615
사기
Text

A defendant shall be punished by imprisonment for six 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

On December 20, 2012, the Defendant was not detained in the District Court for fraud, and is currently pending in the appellate trial.

The defendant came to know through insurance solicitor C that when claiming insurance proceeds, the insurance company will conduct a formal examination, such as a medical certificate issued by the doctor in charge, a certificate of release on admission and discharge, and that insurance proceeds will be paid without investigating actual injury, disease, etc.

Since the occurrence of an accident does not actually occur, the defendant has received insurance money by means of paying and claiming insurance money using a false certificate of entrance and discharge issued by a hospital that requires medical treatment, although it does not need medical treatment.

1. The sole criminal defendant heard the method of being hospitalized in a false manner, even though he did not have any difference from the insurance solicitor C, and C introduced the hospital capable of being hospitalized in a false manner, instead of claiming the insurance money, and obtained the insurance money by claiming the insurance money.

On December 29, 2010, the Defendant concluded an insurance contract with four victim insurance companies, such as the Victim Fire Insurance Co., Ltd.’s Eastern Fire Insurance Co., Ltd.’s “100-year Clean Insurance Co., Ltd.”.

On April 22, 2011, the Defendant received a medical examination and treatment that he/she had performed a false care in the E Hospital located in the Gyeonggi-do Government-si, even though he/she did not know that he/she had performed drinking in the stairs, and was issued a written confirmation of entry and discharge necessary for the claim for insurance proceeds as if he/she was hospitalized for 19 days from April 23, 201 to May 11, 201.

On May 12, 201, the Defendant submitted the aforementioned false insurance claim against the victim’s East Fire Insurance Co., Ltd., and received KRW 1,050,000 from the above East Fire Insurance as insurance money.

From May 11, 2011 to May 12, 2011, the Defendant, with C’s aid, paid KRW 2,590,00 as insurance money for four times in total, as described in attached Table 1.

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