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(영문) 창원지방법원 2018.03.15 2015고단980
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From May 2002 to May 2008, the Defendant subscribed eight insurance products, such as Samsung T&T Co., Ltd., a victim Samsung T&T for which the daily amount of hospitalization is paid in duplicate according to the number of days of hospitalization.

Although it is possible for the Defendant to purchase multiple insurance policies as above, he was able to receive the insurance money for a long time, and was able to receive the insurance money. From July 29, 2008 to August 18, 2008, the Defendant hospitalized the F hospital located in Kimhae-si for a long period of time from July 29, 2008 to Kimhae-si for 21 days, but in spite of no need to receive long-term hospitalization, the Defendant hospitalized the Defendant into the right leged base salt and human damage. On August 19, 2008, he received the above insurance money from the victim Samsung Life Insurance Co., Ltd. on or around the 20th of the same month.

The Defendant, including that, from around that time to June 21, 2013, received insurance money of KRW 50,566,463 in total by deceiving the victim insurance companies by the same method as the written list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness G in the third public trial records;

1. Statement made by the witness H in the fourth public trial record;

1. To state some of the witness I's statements in the seven-time public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on internal investigation (Attachment of the details of use of the suspect card), investigation report (the details of hospitalized treatment at any hospital other than the F hospital);

1. Details of medical advice by the medical specialist of the National Medical Center (No. 8 in the list of evidence);

1. A copy of medical records (part of No. 13 in the list of evidence);

1. The defendant and his defense counsel asserted that the act of claiming insurance proceeds does not constitute deception, since the defendant merely received hospitalized treatment according to the diagnosis of the doctor in charge.

Murder, hospitalization means the state of nutrition and where continuous observation of a medical personnel is necessary in relation to the side effects or incidental effects of drugs, which have very low resistance power to the disease of the patient or are administered by him/her.

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