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(영문) 서울중앙지방법원 2019.11.21 2019가단5128999
부당이득금
Text

1. The Defendant’s KRW 21,960,00 for the Plaintiff and 5% per annum from June 10, 2015 to May 9, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff (Before the change of trade name: D Co., Ltd.) entered into an E insurance contract (hereinafter “instant insurance contract”) with the Defendant that contains the content that the Defendant would pay insurance money when hospitalized due to disease or disaster (hereinafter “instant insurance contract”).

B. On January 24, 2018, the Defendant was indicted for the 2017 Highest 5007 fraud and was sentenced to a conviction (three years of suspended sentence for imprisonment for one year) on January 24, 2018, and the said judgment became final and conclusive around that time.

The part concerning the crime of this case among the facts established in the above judgment is as follows.

The defendant selected and purchased several insurance products with high guarantee, and thereafter hospitalized at a hospital which is easy to be hospitalized with respect to a disease that can sufficiently be treated, such as hospitalization expenses and hospitalization allowances, for the purpose of receiving insurance proceeds, rather than treatment, and did not receive proper hospitalized treatment from time to time, while staying out or staying outside. Even if the disease requires hospitalized treatment, the defendant was hospitalized for a long time as necessary, and then was hospitalized for a long period of time at the time of discharge by obtaining relevant documents necessary for receiving insurance proceeds, such as a certificate of hospitalization, a medical certificate, etc., stating that the patient had been properly hospitalized from the relevant hospital, and submitted them to each insurance company, who had already

The Defendant, upon receiving hospitalized treatment, purchased an insurance policy that provides not only medical expenses but also daily allowances for hospitalization, from July 23, 201 to August 3, 2011, received hospitalized treatment from G Hospital located in Gwangju Northern-gu to Sick-gu under the name of disease, such as an unknown conical signboard, disability, etc., for 12 days from July 23, 201, and filed a claim for insurance proceeds with the employee in charge of the Plaintiff on August 26, 2011.

However, in fact, even though the defendant's symptoms can be sufficiently treated by the pain, the defendant is willing to receive insurance money such as hospitalization and hospitalization allowances from the insurance company.

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