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(영문) 창원지방법원 2016.11.24 2015고단3432
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From April 2001 to May 201, 201, the Defendant subscribed to 19 insurance products, such as a victim prison life insurance company, etc., for which the daily amount of hospitalization is duplicate according to the number of days of hospitalization during the period of hospitalization.

As above, the Defendant had subscribed to multiple insurance, but was able to receive the above insurance money for a long time, and had no need to receive long-term hospitalization from January 6, 2010 to February 1, 2010, the Defendant hospitalized the D Hospital located in Kimhae-si C with the term of hospitalization for 27 days, and had no need to receive long-term hospitalization. Notwithstanding the fact that, on February 1, 2010, the Defendant claimed 60,000 won for insurance money to the Victim C Life Insurance Co., Ltd., Ltd. and received the above insurance money on the fourth day of the same month.

The Defendant, including that, from around that time to September 5, 2013, by deceiving the insurance company of the victim in the same manner as indicated in the attached list of crimes, and acquired insurance proceeds from KRW 52,703,757.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness E;

1. Each internal investigation report and investigation report;

1. Data sent to the Financial Supervisory Service on the request for investigation cooperation;

1. Details of medical record analysis, each medical record, etc.;

1. Application of Acts and subordinate statutes, such as requests for insurance proceeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant confessions each of the crimes of this case from the sixth trial date, and the first offender is favorable to the defendant. However, insurance fraud crimes are likely to be subject to criticism in that they are likely to undermine the foundation of the insurance system by impairing the general trust of the insurance system and increasing social costs, as well as to avoid economic damage to large number of subscribers, and thus undermine the foundation of the insurance system.

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