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(영문) 광주지방법원 2014.04.10 2014노13
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts merely received the insurance money after receiving hospitalized treatment according to a doctor’s diagnosis, and in particular, the hospitalization stated in the attached Table 1, 10, 11 of the judgment of the court below as appropriate in the Health Insurance Review and Assessment Service. The Defendant did not have any intention of deception or fraud. 2) The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged was from May 6, 2010 to October 7, 2010, the Defendant entered into 11 non-life insurance contracts with 10,000 won as the insured by making himself/herself the ten insurance companies, including the winter fire, as the insured.

From November 15, 2010 to December 29, 2010, the Defendant hospitalized “F Hospital” in Gwangju Northern-gu E under the name of “satise and tension of the bones” for 15 days.

However, even if the defendant did not receive medical treatment corresponding to the name of illness and did not receive hospital treatment, there is no symptoms or minor as long as it does not interfere with daily life.

Nevertheless, around October 26, 2010, the Defendant filed a claim for insurance proceeds by submitting a written confirmation of hospitalization with the purport that “the victim-dong Seoul-gu Seoul-dong Seoul-dong Seoul-dong Office received normal hospitalized treatment for 15 days at the above hospital.”

Accordingly, the Defendant deceivings the victimized company as above and received 300,000 won insurance money from the Gwangju Bank passbook (Account Number: G) in the name of the victimized company.

The Defendant, including that, from around that time to March 13, 2012, by deceiving ten insurance companies, such as Eastern Fire, etc., and received KRW 75,006,717 in total of insurance proceeds as shown in attached Table 1.

B. The lower court determined the lower court’s judgment based on its reasoning.

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