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(영문) 광주지방법원 2019.03.28 2018고정1347
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, as a result of advertising four insurance products, such as distribution B Health Insurance C, was a disease that can be purchased as a outpatient, or received a outpatient treatment, and did not receive hospital treatment, he/she did not have received hospital treatment, with a false or excessive certificate of hospitalization and discharge issued as if he/she received hospital treatment.

From August 25, 2017 to September 11, 2017, the Defendant filed a claim for insurance proceeds with an insurance company upon obtaining a certificate of entrance and discharge, as if he/she had been hospitalized in the “E Hospital” located in Seo-gu, Gwangju, as the Defendant had received hospitalized treatment at the “E Hospital” during a period of 18 days.

However, in fact, the Defendant received a simple examination and treatment on the first day of hospitalization, and went out for a long time once every two to three days, and recovered the original eggs from the original farm in the south-west, and did not receive a hospital treatment and did not receive a hospital treatment.

Nevertheless, on September 11, 2017, the Defendant claimed insurance money from F Co., Ltd. on September 11, 2017 under the name of hospitalization day and medical room expenses, and received KRW 900,000,000 from F Co., Ltd. on September 12, 2017, KRW 1,481,418 from G Co., Ltd. on September 13, 2017, and KRW 300,000,000 from H Co., Ltd. on September 14, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as a copy of the details of passbook transactions, telephone details, location of the sending base station, claim for insurance money and payment related documents;

1. Article 8 of the relevant Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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