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(영문) 서울동부지방법원 2016.08.12 2016고단209
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant was hospitalized in D Hospital located in Jung-gu Seoul Metropolitan Government on February 24, 2011, on the ground that he/she was aware of his/her unknown whereabouts, and the same year.

3. From May 10 to July 31, 201, inasmuch as the non-life insurance company, on April 14, 201, entered a claim for the payment of insurance proceeds, which would be changed to the payment of insurance proceeds, received 810,000 won for the same day as the insurance proceeds, received total of 18,750,000 won as stated in the attached Table by the same method after being hospitalized as insurance proceeds, and received total of 18,750,000 won as the insurance proceeds, and received total of 18,750,000 won from August 15, 2014 to September 5, 2014; and received 00,000 won as the insurance proceeds; and 10,000 won from the above method; and 10,000 won from the above method; and 10,000 won from the above date, and 10,000 won were transferred to the Hospital for the same reason.

2. The assertion and judgment

A. The Defendant and his defense counsel asserted that the disease occurred after the normal insurance contract, and was hospitalized for the treatment of the disease, and there was no false hospitalization or a long-term hospitalization for the purpose of deceiving the insurance money.

B. In a criminal trial, the burden of proving the facts charged in the indictment is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interest of the defendant is to be judged (see Supreme Court Decision 2002Do5662, Dec. 24, 2002, etc.). The instant case is health stand.

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