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(영문) 부산지방법원 2018.02.20 2017고정639
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On January 28, 2013, the Defendant was performing an operation to transplant sacrine sacrines by planting five bits of 11, 13, 14, 16, and 17 at “D D D D D D D D D D D D D D D D D D D D D D D D’s fourth floor of the Busan-gu Office building.

Nevertheless, the Defendant, with the knowledge that the victim, who was a member of the insured, was paying only one insurance money to the victim once of the surgery even if he/she was aware that he/she received a dental surgery, by setting up several franchising eggs on a day under the terms and conditions of the insurance contract of the UN Life Insurance Co., Ltd., and, upon receiving a claim from the victim on March 6, 2013, formed two franchis around 11, 13 and 14, 16, and 17, respectively, followed up three franchising eggs on February 1, 2013, by deceiving the victim from receiving a false medical confirmation, medical records, etc. as if he/she had undergone a dental surgery on two occasions, and by deceiving the victim into the account of the Defendant’s fraud on March 26, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Details of claim and payment of insurance proceeds, written confirmations for medical treatment and treatment;

1. Application of Acts and subordinate statutes, such as the details of reservations (462 pages of investigation records), the list of issuance of documents (517 pages of investigation records), the operating register (55 pages of investigation records), and X-ray photographs (535 pages of investigation records)

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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