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(영문) 광주지방법원 2018.12.13 2016고단3542
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant was hospitalized for a long time due to a disease, etc. sufficient for hospital treatment or for a long time due to hospitalization, etc., and then was willing to receive insurance proceeds such as hospital treatment costs and daily allowances for hospitalization from an insurance company, and subscribed to 28 insurance products from August 9, 2010 to September 8, 2010.

After that, on October 15, 2010, the Defendant was hospitalized at C Hospital located in Gwangju North-gu, Gwangju, and discharged on or around November 3, 2010, on the ground that the Defendant had been hospitalized in the hospital for a long time without having been suffering from injury to receive medical treatment. On November 4, 2010, the Defendant claimed for the payment of insurance proceeds, and received KRW 1,110,000 from the victim as the insurance proceeds on the same day, as the Defendant was hospitalized at C Hospital located in Gwangju, North-gu, Gwangju, to the extent that the hospitalized treatment was actually required.

In addition, from that time to March 28, 2014, the Defendant, as stated in the list of crimes in the attached Table, had the victims deceiving, and received the total amount of KRW 194,615,217 from the victims as insurance money.

Summary of Evidence

1. Partial statement of the defendant on the eight-time public trial date;

1. Each statement made to the witness E and F in the third public trial records;

1. A protocol concerning the examination of the suspect of the accused;

1. Each investigation report and accompanying materials (the list of evidence Nos. 1, 2, 11, 12, 22 through 34);

1. Copies of each medical record (the sequence 54 through 56 of the evidence list);

1. Application of Acts and subordinate statutes to copies of documents related to each insurance money (the No. 57 through 61 of the evidence list);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes / [type of determination] The basic area of the two types (not less than KRW 100 million, but less than KRW 500,00) [decision on the territory of recommendation] [the scope of recommendation] from August to four years (the aggregate of the gains from the same type of crime).

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