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(영문) 인천지방법원 부천지원 2019.06.05 2019고단429
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

When the Defendant is hospitalized with injury or disease, the Defendant subscribed to a large number of guaranteed insurance policies to which hospitalization insurance money and healthy living allowances, etc. are to be paid, with intent to receive insurance money by false hospitalization, although there is no fact that long-term hospitalization is required.

On August 4, 2014, the Defendant purchased 12 types of insurance including D, E, F, G, H, I, J, and K, from that time to October 28, 2014, from that time, as the victim, from around October 28, 2014.

In fact, the Defendant, even though there was no occurrence of an abortion, was hospitalized on November 17, 2014, on the ground that he was hospitalized in the office located in the Nam-gu Incheon Metropolitan City L located in the Nam-gu, Incheon Metropolitan City from November 19, 2014 to January 12, 2015, the Defendant was hospitalized in the N Hospital located in Seocheon-si, Seocheon-si and was hospitalized in the “N Hospital” and was hospitalized in the normal course and was hospitalized in the normal course, and was paid KRW 750,000 from the victim D on December 18, 2014 from that time to that time, and was paid insurance money of KRW 22,738,769 in total from the victim by claiming insurance money, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement of the police officer concerningO or P;

1. P's statement of damage (request-A for investigation);

1. Voluntary termination of a contract, etc., results of medical consultation and consultation (A), subscription forms for insurance (suspects A), details of financial transactions of suspects A, claim for insurance money/payment of suspects A, and application of Acts and subordinate statutes of payment documents;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months to not more than one year and six months (the determination of a type) shall be made by the general fraud (the type 1).

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