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(영문) 인천지방법원 2018.02.02 2017고정2965
보험사기방지특별법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant is the insured, who entered into a contract for the Red Cross Health Insurance (Securities Number: C) to cover the insurance company that incurred loss and the insurance that covers health.

1. On April 27, 2015, the Defendant, who attempted to receive insurance fraud, received the “mortem examination surgery” and “a pair of marries, which is subject to the application of national health and medical insurance for beauty art purposes, from the Fsung surgery operated by the victim E in Seocho-gu Seoul Metropolitan Government.”

Nevertheless, on August 2, 2017, the Defendant claimed KRW 4,200,000 of medical expenses under the special terms and conditions to the insurance company for damages by submitting a written confirmation of operation and a receipt by deceiving the treatment purpose due to the surgery. However, the Defendant did not commit an attempted attempt without being aware of the forgery of the above surgery certificate, etc.

2. On August 9, 2017, the Defendant: (a) entered a written confirmation of operation, which is a private document under the victim E, as if it was an operation for the purpose of treatment; (b) forged the medical institution’s “F sexual surgery” and “E.M. number”; and (c) submitted it to the victim damage insurance company.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police with H;

1. E statements;

1. Claim for insurance proceeds, confirmation of forgery operation, application of medical treatment-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Prevention of Fraud, Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud ( point of attempted insurance fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the selection of fines, respectively, for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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