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(영문) 전주지방법원 군산지원 2017.02.01 2016고단666
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From April 18, 2007 to April 24, 2008, the Defendant subscribed to five insurance products with five insurance companies, including Samsung Group Insurance Co., Ltd. 2 (s0804), including the victim Samsung T&T. Around October 7, 2008, 'C member of the Simsan-si, Simsan-si'. Although hospitalization is necessary as minor injuries, long-term hospitalization is unnecessary and short-term hospitalization is possible. However, from around that time to around October 28, 2008, the Defendant was issued KRW 3 insurance proceeds under the name of 5-day disease of the victim, 208, and 9-day disease insurance proceeds under the total number of 6-day disease insurance proceeds, 208, 30-day disease insurance proceeds under the name of 30-day disease insurance proceeds, and 40-day disease insurance proceeds under the name of 50-day disease insurance proceeds, and 208-day disease insurance proceeds under the name of 208-day.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written statements or petitions of E, F, G, and H prepared;

1. Each claim for insurance proceeds, written confirmation of discharge from a policyholder, written resolution of payment of insurance proceeds, etc. (Evidence No. 46);

1. Answer to the request for deliberation as to whether the hospitalization and treatment of the Health Insurance Review Board is appropriate;

1. Application of investigation reports (CB analysis of monetary records), investigation reports (verification of the details of use of cards), and statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following favorable circumstances)

1. The summary of the assertion is that the Defendant actually received appropriate hospitalized treatment because of the need for hospitalization. Therefore, a deception and an insurance premium arrangement is sought.

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