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(영문) 춘천지방법원 원주지원 2014.11.12 2014고단856
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 2, 2006, when the Defendant was hospitalized into a hospital due to an injury or disease, the Defendant was willing to receive insurance money from the victim insurance companies even though the Defendant did not have any disease to the extent that the need for hospitalization was not occurred in the status of being subscribed to several insurance policies, such as without paying dividends for the number of days of hospitalization during the period of hospitalization, and had not received normal hospitalized treatment.

The Defendant filed a claim for insurance money with the victim Han-gu Loss Insurance Co., Ltd. and Hyundai Marine Insurance Co., Ltd., for the payment of the insurance money, after completing the procedure of hospitalization under the name of “breath of half half-year,” etc. from Apr. 11, 2013 to Apr. 25, 2013, when the Defendant did not have a disease to the extent that the hospitalization was not required, or received outpatient treatment at the place of residence, and did not undergo normal hospitalized treatment.

Around April 30, 2013, the Defendant received KRW 846,435 from the Korea Commercial Damage Insurance Co., Ltd. and KRW 2,392,885, total sum of KRW 1,546,450 from the victim Hyundai Marine Insurance Co., Ltd. and KRW 1,546,450 from the victim Hyundai Marine Insurance Co., Ltd. in the name of the Defendant’s post office account (E) and received KRW 33,717,517 from around that time to April 16, 2014 in the same manner as indicated in the attached list of crimes in the same manner.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Claim for each Korean currency damage insurance claim, each modern marine insurance claim;

1. Application of Acts and subordinate statutes governing admission and discharge;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The Criminal Act, the suspension of execution;

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