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(영문) 전주지방법원 군산지원 2018.02.09 2017고단1625
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant concludes an insurance contract exceeding economic ability, and it is possible to provide hospital treatment without requiring hospital treatment, he/she has received insurance money under the name of medical expenses, hospitalization expenses, etc. by committing long-term hospitalization than the actual necessary treatment period, or repeating hospitalization at a large number of hospitals.

The Defendant was hospitalized for 19 days from November 17, 201 to December 5, 201 of the same year under the name of disease, such as burriology, burriology, and nephal ppuri disease, at the oriental medical hospital C located in Dasan-si B of the same year.

However, at the time, considering that at the time the Defendant was performing only the blood test and the oriental medicine treatment and the oriental medicine treatment after photographing the radiation, the Defendant was adequate to be hospitalized for treatment and progress observation. In light of the fact that at the time, the Defendant was hospitalized for a week for the purpose of medical treatment and progress observation.

Nevertheless, the Defendant claimed four insurance companies, such as KB non-life insurance, Lina life, post offices, and interest country life, for which the Defendant subscribed from around December 13, 201 to around February 2 of the same month after receiving hospitalized treatment for the said 19 days, and received total of KRW 3,750,000 from around the 13th day of the same month to the 22th day of the same month, and acquired insurance money from the victim company by receiving KRW 22,054,494 in total from the victim company by claiming insurance money from May 7, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Details of review on the propriety of the hospitalization period;

1. Details on payment of insurance proceeds;

1. Application of Acts and subordinate statutes, such as medical records;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, 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. Article 62 of the Criminal Act:

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