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(영문) 광주지방법원 2018.05.24 2018고정195
보험사기방지특별법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant used 4 insurance products, etc. of Samsung Life Insurance Co., Ltd. to subscribe to the insurance products of four insurance companies, and used them for the insurance products of Samsung Life Insurance Co., Ltd., and had been issued as if they received hospital treatment without having received hospital treatment / The Defendant was able to claim insurance proceeds with a written confirmation of entrance and discharge issued as if they had received hospital treatment / From February 28, 2017 to March 13, 2017, and upon receipt of a written confirmation of entry/ discharge from the following insurance companies, the Defendant claimed insurance proceeds for the following insurance companies for 14 days.

However, during the period of hospitalization, the defendant visited a hospital to live a day at the residence and received physical treatment, etc., and was actually hospitalized and did not actually received hospitalized treatment.

The Defendant received KRW 30,00 from Samsung Life Insurance Co., Ltd. on March 17, 2017; KRW 20,000 on March 20, 2017 from AIA Life Insurance Co., Ltd.; KRW 864,739 on the same day from Mere Fire Insurance Co., Ltd.; KRW 330,00 on the same day from Mere Insurance Co., Ltd.; KRW 1,744,739 on the same day from Mere Insurance Co., Ltd.; and KRW 330,00 on the same day from Mere Insurance Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A criminal investigation report (a suspect A telephone details and attachment to the location of the sending base station) and documents attached thereto;

1. Application of Acts and subordinate statutes to documents relating to the current status of insurance coverage and the status of the payment of insurance proceeds (at least a list of evidence);

1. Relevant Article of the Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Fraud of Insurance in the Selection of Punishment, and Selection of Fines;

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. 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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