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(영문) 서울중앙지방법원 2019.11.01 2019나3768
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. By means of the reduction of claims in the trial.

Reasons

1. Facts of recognition;

A. The Defendant purchased the Plaintiff’s C insurance (hereinafter “instant insurance contract”) from August 21, 2008 to August 21, 2064 with the term of the contract from August 21, 2008 to the Defendant and the insured.

B. According to the instant insurance contract, the Defendant claimed insurance money from “D Hospital” on the ground that the Defendant received treatment as shown in the attached Table 1, and received total KRW 15,042,448 from the Plaintiff. The Defendant claimed insurance money from “E Hospital” on the ground that the Defendant received hospitalized treatment as indicated in the attached Table 2, and received KRW 219,213 from the Plaintiff.

C. After the Defendant subscribed to 11 insurance including the instant insurance contracts, the “D Hospital” did not treat the outing and going out of the hospital and did not manage the outing and going out of the hospital by being hospitalized without conditions in the “D Hospital”, and by using the fact that the details of treatment are falsely stated, the Defendant received total of KRW 29,794,150, including the insurance money listed in Nos. 19,20 in the attached Table 1 attached Table 1 from multiple insurance companies, and acquired it by fraud on the ground that he received KRW 32,56,704 in total from the F Co., Ltd. on the ground that he received KRW 32,56,704 from the F Co., Ltd.

On February 19, 2018, the Defendant filed an application for formal trial, but was sentenced to a fine of KRW 7,00,000 on the grounds that all convictions were found to be guilty in Seoul Northern District Court Decision 201, 99, 636 (Joint).

The defendant appealed as Seoul Northern District Court 2018No473.

Therefore, the appellate court is found guilty on the ground that it is difficult to view that the Defendant’s hospitalization in the hospital and the Defendant claimed insurance money was necessary, but it is found that the Defendant was hospitalized in the hospital (the part where the Defendant received hospitalized treatment from June 18, 2012 to July 9, 2012), G Council members, and H hospital, and the part where the Defendant claimed insurance money was hospitalized and the Defendant did not receive substantive hospitalized treatment.

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