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(영문) 광주지방법원 2017.07.20 2017고단1929
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 12, 2007, the Defendant subscribed to Samsung F&M insurance 2 in the Dispute Settlement Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. on December 6, 2010, the Defendant subscribed to a family love insurance for the victim interesting Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd. Co., Ltd., Ltd., Ltd. to be admitted to a general security insurance product on December 3, 2010.

From August 19, 201 to September 8, 2011, the Defendant hospitalized in the name of “e-mail, crypology, emotional disability, and tensions” at the D oriental medical hospital located in Seo-gu in Gwangju, Seo-gu, Gwangju, under the name of “e-mail, light, emotional disability, and tensions” during approximately 21 days, and filed a claim for insurance proceeds with the Samsung Commercial Disaster Insurance Co., Ltd. in September 20, 201.

However, there was no symptoms to the extent that there was no need for hospital treatment, such as that the defendant received a medical control injection for the control of pain during the period of hospitalization or used a wheelchairs, etc., so it was possible to treat the defendant only with hospital treatment.

On September 26, 2011, the Defendant, as such, received KRW 2,497,830 from the victim by deceiving the victim to the Agricultural Cooperative account in the name of the Defendant for the purpose of insurance money, and received KRW 29,085,450 in total over 17 times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. An investigation report (to reply to the appropriateness of hospitalization and treatment);

1. Application of Acts and subordinate statutes as a result of analysis of medical records;

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

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

1. The scope of the recommended sentence on the grounds of sentencing in Article 62(1) of the Criminal Act is as follows.

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