logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.03.20 2014노50
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In light of the legal principles, the Defendant did not intend to obtain insurance money from the victims at the time of purchase of insurance or at the time of hospitalization, and was hospitalized at a hospital due to the actual disease but could be discharged, but there was a little exaggeration that continued to be hospitalized. However, the judgment of the court below which recognized the intent of the Defendant to obtain the total amount of insurance money received by the Defendant is erroneous by misapprehending the legal principles on the timing and scope of the

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

Judgment

A. In light of the following circumstances that can be acknowledged by the judgment of the court below and the court below on the assertion of misapprehension of the legal principles and the evidence duly adopted and investigated, namely, ① the number of insurance policies the Defendant subscribed to is KRW 1,089,273 per month for 17 products, and the annual payment exceeds KRW 1/3 of the annual salary claimed by the Defendant. ② According to G’s statement based on G’s medical record review on the Defendant’s medical record, the facts appear to have been hospitalized even if the Defendant did not need to receive hospitalized treatment, the Defendant subscribed to multiple insurance as above with the intent of receiving the insurance money.

In addition, in the case of exercise of rights by means of deception, if such deception is to the extent that it is not acceptable as a means of exercise of rights by social norms, the exercise of rights constitutes fraud, and there is a reason to receive insurance money.

Even if this is paid excessive insurance money through long-term hospitalization, etc. with the intention to acquire a large amount of insurance money by fraud, the insurance money received shall be paid.

arrow