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(영문) 수원지방법원 2018.08.09 2018고정664
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the father and mother of B.

From December 14, 2016 to December 28, 2016, the Defendant had B complete the registration of B as an in-patient for 15 days under the name of “D oriental medical hospital” located in the Northern-gu C, 1 to 5 stories of Gwangju, and the name of “the strekes and strekes of strelle and strekes, salteds and tensions”.

However, in fact, B was not in the sick room during the above hospitalization period, and was not hospitalized.

On December 28, 2016, the Defendant: (a) issued a written claim for the payment of the insurance money of seven goods covered by B in the name of B, as if he/she was discharged from the above hospital and was hospitalized; and (b) submitted it to an employee in the name of the victim E insurance company around March 22, 2017.

The Defendant, as such, by deceiving the victim E insurance company, received KRW 360,000 on the same day from the victim E insurance company, and received KRW 3,564,921 in total from three insurance companies over seven occasions, such as the contents of the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol concerning the interrogation of suspects B to the prosecution;

1. Relevant Article of the Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Fraud in the Selection of Punishments (Selection of Penalty)

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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