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(영문) 광주지방법원 2013.04.26 2012고단6832
사기
Text

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

Reasons

Punishment of the crime

After having subscribed to multiple insurances, such as lot damage insurance, etc., the Defendant had attempted to acquire insurance proceeds by deceiving an insurance company as if he/she received hospitalized treatment due to the necessity of long-term hospitalized treatment, even though he/she was a minor disease that leads to the occurrence of accidents

피고인은 2009. 9. 2.경 광주 북구 C에 있는 D병원에서, 허리가 삐끗하였으니 입원치료를 받게 해달라고 하며 입원하여 2009. 9. 15.경까지 ‘허리뼈의염좌’ 등을 이유로 입원치료를 받았다.

However, in fact, the defendant did not differ to the extent that hospital treatment is necessary.

Nevertheless, on September 17, 2009, the Defendant filed a claim for the payment of insurance money with a lot damage insurance (owner) as the victim, and received KRW 637,870 from the victim, and received KRW 637,870 from the victim. From around that time to August 18, 2010, the Defendant received KRW 43,042,933 as the total amount of insurance money from the victims during 78 times, as shown in the list of crimes in the annexed list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police statement concerning E;

1. Forwarding results of analysis of information suspected of insurance fraud;

1. Application of Acts and subordinate statutes, such as suspect A insurance coverage documents;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Among concurrent offenders, there are favorable circumstances such as the fact that the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have no record of criminal punishment against the defendant, and the fact that the defendant recognized the time of committing the crime and wrong. However, in light of the fact that the amount of damage in this case is not much enough to recover from damage, the sentence of sentence is inevitable, and therefore, the sentence of sentence is to be determined as per the order, considering the scope of recommendation, the scale of damage, the degree of reflectability, etc.

It is so ordered as per Disposition for the reasons above.

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