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(영문) 광주지방법원 2017.08.31 2017고정7
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Although the Defendant is sufficiently able to receive medical treatment through the pain treatment for those who feel pain, the Defendant was hospitalized and received medical treatment for 16 days from March 7, 2016 to February 2, 2016 at the D Council members located in the Seo-gu in Gwangju-gu, Gwangju-gu. Moreover, after completing certain medical treatment at the above hospital, the Defendant was hospitalized in the house and the above hospital, such as free withdrawal, and received medical treatment, but was the same as having received the hospital, but was the most likely to receive the medical treatment, and received the insurance money to appropriate for the medical treatment expenses, etc.

Accordingly, the Defendant received a written confirmation of hospitalization and a receipt of medical expenses from the above hospital on March 23, 2016, and submitted it to the person in charge of insurance of the victim's Dong Fire Marine Insurance Co., Ltd., and acquired KRW 883,713 from the injured party to the Defendant's agricultural bank account on April 29, 2016 and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Copy of each protocol concerning the examination of suspect of H by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. A complaint (including documents on suspicions attached to not more than 20 pages and details of the payment of insurance proceeds);

1. All copies of the documents claiming insurance proceeds;

1. Investigation reports (limited to requests for the second attendance of suspects), requests for provision of communication confirmation data and replies;

1. Closing report;

1. Application of statutes governing judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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