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(영문) 창원지방법원 2016.03.17 2015고단1883
사기
Text

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

Reasons

Criminal facts

From April 2007 to January 201, 201, the Defendant subscribed to 7 insurance products of the victim Samsung Life Insurance Co., Ltd. for which the daily amount of hospitalization overlaps according to the number of days of hospitalization.

Although it is possible for the Defendant to take out a multiple insurance policy as above, he was hospitalized in spine chrons without a need to receive long-term hospitalization from June 10, 2008 to July 2, 2008, and despite the fact that there is no need to receive long-term hospitalization from the Epathic surgery located in Kimhae-si for 23 days from around June 10, 2008, the Defendant was hospitalized in spine chrons, and received the above insurance money around July 3, 2008 by claiming 40,000 won to the Victim Samsung Life Insurance Co., Ltd., Ltd., and received the above insurance money around the seventh day of the same month.

The Defendant, including that, from around that time to January 8, 2015, received insurance money of KRW 283,211,064 from the victim by deceiving the victim insurance company in the same manner as the list of crimes in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Data requested for investigation (the analysis, etc. of insurance subscription forms and F A medical records);

1. Answer to the request for review, such as the appropriateness of hospitalization and treatment (A);

1. Report of investigation (Preparation of sight table);

1. Investigation report (the current status of payment of insurance proceeds by company);

1. Investigation report (Comparison of results of analysis of medical records);

1. A criminal investigation report (the attachment of details of payment of insurance proceeds after preparation of a crime inundation list - Ethimera);

1. Response to a request for verifying the details of payment of insurance proceeds;

1. Investigation report (Attachment to the current status of additional payments of insurance proceeds);

1. Investigation report (Analysis of cases of claiming additional insurance proceeds);

1. Investigation report (the current status of hospitalization by hospital);

1. A certificate of discharge from a hospital (A);

1. Details of analysis of the hospitalization period;

1. Investigation report (Adjustment of the amount of insurance proceeds paid by company and the current status of hospitalization by hospital; and

1. A report on investigation (a report accompanied by the details of consultation on the obligation to forward records);

1. A report on investigation (revision of a list of offenses);

1. Application of Acts and subordinate statutes for analysis of medical records;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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