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(영문) 인천지방법원 2018.01.12 2017고정2367
사기
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

On August 1, 2016, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to a violation of the Act on Specialized Credit Financial Business in the Incheon District Court, and the judgment became final and conclusive on February 1, 2017.

The Defendant, while operating the E member of the Nam-gu Incheon Metropolitan City E member, issued a receipt for medical expenses less than the actual amount paid by the patient to attract the patient, using the fact that 90% of the hospital expenses is paid as actual expenses from the insurance products that the patient joined in the insurance contract when the patient undergoes an operation under the name of a beer's name, and had the patient receive unjust profits from the insurance company to which the patient joined.

Accordingly, around December 2, 2015, the Defendant directed the patient G who paid hospital expenses of KRW 2.5 million after undergoing a beer operation to F, and paid hospital expenses of KRW 4,99,370,00, to issue a receipt for calculating false medical expenses as if he paid hospital expenses of KRW 4,99,370, and that he/she should receive KRW 1,527,336 from the modern sea of the victim company, and that he/she should receive KRW 1,527,36 as insurance money, as shown in attached Table 1 of the Crimes List 1, the Defendant prepared a receipt for calculating false medical expenses from around that time to July 26, 2016 and received insurance money of KRW 26,987,076 from each insurer.

Accordingly, the defendant, in collusion with F, led the victim insurance companies to deceiving the patients to gain pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness HI;

1. A protocol concerning the examination of suspect by the prosecution against F and J;

1. Each written statement of G, K, L, and H;

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

1. Previous convictions in judgment: Results of case search, application of each written judgment and written decision;

1. Article 347(2) and (1) of the Criminal Act and Article 347(2) of the same Act, the selection of fines for the crime, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 of the Criminal Act to attract a workhouse.

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