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(영문) 부산지방법원 동부지원 2017.06.22 2016고단2570
사기
Text

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

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

Reasons

Punishment of the crime

On May 13, 2015, the Defendant was sentenced to a suspended sentence of six months for fraud at the Busan District Court's Dong Branch, and the above judgment became final and conclusive on February 26, 2016.

The Defendant is a patient hospitalized in the “(g) D convalescent Hospital” located in Busan Military Department C.

In fact, the Defendant, even though the above hospital was a patient with minor injury or disease that does not require hospital treatment, was able to obtain insurance money by taking advantage of the fact that he/she may claim insurance money from the patient by being hospitalized for a long time after the period required for hospital treatment, and neglecting without permission and staying outside of the country.

From January 3, 2013 to January 29, 2013, the Defendant was hospitalized at the pertinent hospital due to bluriosis, etc. for 27 days following the date of 2013. However, the Defendant was not required to undergo the hospitalized treatment. In fact, the Defendant received a written confirmation of discharge and receipt from the victim DGB life insurance company as if he received the normal hospitalized treatment even if he did not undergo the hospitalized treatment within the said period due to frequent outing and out-of-the-spoting, and acquired the insurance money by receiving KRW 123,687,159 in total from the victim insurance companies over 88 times in total, as shown in the list of crimes in the attached Table of crimes, such as obtaining a written confirmation of discharge and receipt, and receiving the insurance money from the victim DGB life insurance company.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

1. Medical records;

1. Each medical record book, each record book of nursing, and each private nurse;

1. Claims for insurance proceeds, certificates of release on a deposit, claims for insurance proceeds, and receipts;

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (report on confirmation of the final judgment of the person subject to investigation) / (the defendant and his/her defense counsel is only a long-term hospitalized treatment according to the opinion of his/her intention recognizing the necessity of hospitalization of the defendant after he/she actually undergone the surgery, and therefore, there was a criminal intent of deception or deception by the defendant.

shall not be deemed to have been approved.

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