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(영문) 광주지방법원 목포지원 2018.10.12 2017고단1387
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

[Criminal record] On October 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud on October 20, 2017, and the said judgment became final and conclusive on July 26, 2018.

[2] The Defendant, who purchased a large number of guaranteed insurance policies, received long-term hospitalized treatment on the grounds of minor accidents, diseases, etc., using the fact that insurance proceeds are paid to each insurance company and the amount is equivalent to the amount of the insurance proceeds, and thus, did not need long-term hospitalized treatment.

On February 11, 2008, from around March 11, 2008 to around March 2008, the Defendant was hospitalized for 30 days as “urine disease” despite the fact that the Defendant’s disease was sufficient to be hospitalized for 14 days in the hospital, and that there was no need for long-term hospitalization, and received KRW 90,000,00 as the amount of hospitalization allowance around March 28, 2008.

In addition, from around that time to December 16, 2013, the Defendant received 23,102,139 won in total as insurance money from the victims from March 28, 2008 to December 18, 2013.

Summary of Evidence

1. A written statement;

1. The head of a complaint, the interval of re-hospitalizes, absentee records, details of card use, right of separate designation (the details, etc. of insurance contracts, subscription forms, and payment of deposits by hospitalization);

1. Inquiries into three copies of the judgment and summary information of the case;

1. Criminal history records: A written inquiry about criminal history, three copies of the judgment, summary information of the case [the defendant and his defense counsel asserted that the defendant was hospitalized only when the defendant needs to be hospitalized, and that the defendant was not hospitalized falsely or exaggeratedly, but the above evidence (in particular, in three copies of the judgment, and the list of crimes of the judgment that became final and conclusive like the criminal records in the judgment, all of the contents of the list of crimes of this case.

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