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(영문) 광주지방법원 2014.08.21 2014고정1042
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 21, 2012, the Defendant: (a) received a false certificate of hospitalization from a doctor D to December 10, 2012, on the following grounds: (b) on November 21, 2012, the Defendant was issued a false certificate of discharge from a entrance, stating that he/she received hospitalized treatment for 20 days until December 10, 2012, by means of false hospitalization in the Gwangju Mine District C Council; (c) by deceiving a non-life insurer;

However, there was no fact that the defendant was hospitalized and received treatment except for the first diagnosis at the above hospital.

Nevertheless, around December 18, 2012, the Defendant submitted a false certificate of discharge for entering the Ababain life insurance received 380,000 won as insurance money and acquired it by money, and acquired it by money. In addition, from around that time to February 8, 2013, the Defendant received 4,780,000 won of insurance money through six times as shown in the attached crime list from around that time to February 8, 2013.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Entry of each statement in the copy of each police interrogation protocol regarding E (142 pages of investigation records);

1. Responses to the period of hospitalization, the details of providing insurance proceeds, copies of each written claim for insurance proceeds, certificates of hospitalization and discharge, early payment and inquiry, and medical analysis;

1. Application of Acts and subordinate statutes to teas, medical records, and copies of nursing days;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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