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(영문) 광주지방법원 2018.10.10 2018노634
사기
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendants shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal as to the request for deliberation on the propriety of hospitalization falls under the “documents prepared under other circumstances especially reliable” under Article 315 subparag. 3 of the Criminal Procedure Act, and the evidence submitted by the prosecutor can be fully acknowledged that the Defendants obtained insurance money from the victims by false or excessive hospitalization, but the court below acquitted all of the facts charged in this case. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

2. The summary of the facts charged in this case is the married couple, and the defendant C is the children of the defendant A and B.

Defendants were willing to have been hospitalized in a hospital for a longer period than the necessary period and to acquire insurance money by claiming insurance money from the insurance company, even though they are minor diseases without the necessity of hospitalization by using opportunities for multiple insurance coverage.

A. On March 30, 2010, from around April 13, 2010 to around April 13, 2010, Defendant A hospitalized for 15 days from F members of the F Council in Sinpo City E to “Wing-to-face salted”, and issued a written confirmation of hospitalization, and received a written confirmation of hospitalization on May 3, 2010, and received hospitalized treatment at the hospital as if he received hospitalized treatment at the hospital, Defendant A filed a claim for insurance proceeds with the Defendant’s Saemaul Treasury along with a written confirmation of hospitalization.

However, the above disease of the defendant was a relatively minor disease that does not require hospital treatment for up to 15 days.

Nevertheless, the Defendant: (a) by deceiving a person in charge of payment of the victim’s nameless insurance money; and (b) received KRW 360,000 from the victim on the same day; and (c) from that time until March 11, 2015, the Defendant was issued KRW 118,491,893 in total under the name of insurance money by being excessively hospitalized in 31 times as shown in attached Table 1.

Accordingly, the defendant was informed of the victims to receive property.

B. Defendant B is the Defendant on October 20, 2009.

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