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(영문) 광주지방법원 순천지원 2014.01.08 2013고단1332
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant subscribed to insurance products that pay a certain amount of money for hospitalized treatment, including hospital allowances, daily allowances for hospitalization, nursing expenses, consolation money, etc., and did not have any illness or injury to the degree of hospitalization, but did not receive the insurance money.

Around August 2009, the Defendant purchased a large number of insurance policies and did not have any specific occupation, and thus was not eligible to pay insurance premiums. However, around August 13, 2009, the Defendant purchased an insurance policy that contains a special clause that allows the Defendant to be paid in duplicate for five (5) months from that time to January 28, 2010, as the insured of the Defendant during the five (5) months from that time, and paid KRW 1 million each month insurance premium.

Then, around March 17, 2010, the Defendant hospitalized the D Hospital for 18 days from March 17, 2010 to April 3, 2010, by falsely speaking that the doctor in charge of the D Hospital at the D Hospital located in Macheon-si, "one month ago, hump, hump, hump, and so on".

However, the Defendant did not need to receive hospital treatment because he was in a state that she could receive hospital treatment because he/she was administered drugs, such as without permission during the period of hospitalization, or that he/she was in a place other than hospital and received hospital treatment.

Accordingly, the Defendant, by exercising as seen above, received hospital treatment for 18 days at the pertinent hospital as if it were required for false hospital treatment, and thereafter, claimed for payment of insurance money to the victim new life-sustaining life-stock company by mail at a place where the location is unknown on April 19, 2010, and received 7,50,000 won as insurance money as of April 22, 2010 from the victim new life-sustaining life-stock company to the post office account in the name of the Defendant.

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