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(영문) 서울남부지방법원 2018.12.12 2017고단6460
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the case of a disease insurance policy, the defendant guaranteed a maximum of 120 days insurance money for a disease. In the case of a disease insurance, when the defendant is hospitalized into another disease even during the blank period of 180 days after the discharge for which no insurance money is paid, the insurance money is paid by 120 days again. After the lapse of 180 days, the defendant subscribed to several insurances exceeding the economic ability by using the fact that the insurance money is paid for 120 days if he re-hospitalizes the same disease under the same disease, and then was hospitalized into a hospital which can be sufficiently treated by the hospital. Although the disease requires the hospitalization, the defendant tried to receive the insurance money from the insurance company by claiming insurance money, such as medical treatment expenses, hospitalization expenses, nursing expenses, etc. after being hospitalized for a long period of time.

Accordingly, on April 28, 2008, the Defendant subscribed to the total of 15 guaranteed insurance products (total insurance premiums totaled of 94,890 won per month), such as Hyundai Marine Insurance from November 17, 2006 to July 16, 2014, including 10 insurance companies, with a total of 2 months intensive total of 6 insurance companies from the time of subscribing to the insured, etc. from June 2008.

From November 21, 2008 to December 27, 2008, the Defendant, in fact, at the E Hospital located in Dongjak-gu Seoul Metropolitan Government, was sick due to the necessity of hospitalized treatment for up to seven days, but was paid by an insurance company for 28 days rather than for the purpose of treatment, was hospitalized excessively for 4 times the appropriate hospitalization period, and was prepared with a written confirmation of hospitalization and a medical certificate, etc. on January 20, 2009. The Defendant is adequate for 28 days in order to receive medical treatment, such as Non-life insurance on February 6, 2009, and Non-Korean currency non-life insurance.

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