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(영문) 부산지방법원 2016.05.27 2015나40194
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 9, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the following crimes of fraud in the Changwon District Court case No. 2013 Godan1081, the Defendant appealed with the Changwon District Court 2014No831, but was sentenced to a judgment dismissing the appeal on September 24, 2014. The Defendant appealed with the Supreme Court 2014Do1280, but dismissed the appeal on November 27, 2014.

From November 21, 2008 to June 15, 2009, the Defendant subscribed to 10 insurance products of the victims 9 insurance companies, such as the victim LIG damage insurance company’s non-dividend LIG well-being insurance, etc., and used the above insurance to pay hospitalization fees for a specific disease within the limit of 180 days, the Defendant attempted to provide false hospitalized treatment and obtain insurance proceeds, despite the need for hospitalized treatment.

The Defendant received insurance money of KRW 14,736,285 in total from the nine insurance companies of the victims, including the Defendant’s claim for insurance money of KRW 1,340,000 on September 30, 2009 to the national bank account in the name of the Defendant on November 9, 2009, when the fact at the Jinju Medical Center located in the early 348-2, early September 29, 2009, although there was no symptoms of hepatitis to the extent that the Defendant would have been hospitalized.

The Defendant, as described in the attached list of crimes, was hospitalized from the above date and time to June 27, 2013 in the above manner, and received total of KRW 210,771,272 from the nine insurance companies to the victims, and acquired them by deception.

B. The above A.

On February 27, 2009, the Defendant subscribed to the Plaintiff’s insurance product “Undistribution Alphus Guarantee Insurance 0808,” and the Defendant was hospitalized in the Jinju Medical Center for a long time and received insurance money from the Plaintiff based on the said insurance product.

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