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(영문) 창원지방법원 2015.08.12 2014고단3404
사기
Text

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

Reasons

Punishment of the crime

around August 24, 2012, the Defendant purchased a total of 12 insurance products such as Hyundai Marine Fire Insurance Co., Ltd. and got about KRW 330,000 monthly payments.

When the Defendant, upon joining the above insurance, was able to receive hospitalization allowances separately from the medical expenses when receiving hospital treatment, he/she was hospitalized for a long time more than the actual period of hospitalization, or was able to receive insurance proceeds repeatedly by false hospitalization due to various diseases that need not undergo hospital treatment due to hospitalization, and around August 31, 2012, the Defendant hospitalized the E Hospital located in Kimhae-si D from September 13, 2012 on the ground of sculpum dump, etc., and received scirical treatment, etc.

However, even if the Defendant’s disease needs to be hospitalized, on October 25, 2012, the Defendant submitted documents as if he received adequate hospitalized treatments to the victim AIG non-life insurance company, and applied for insurance proceeds, such as daily allowances for hospitalization, and received KRW 1,089,139, Nov. 7, 2012 from the above AIG non-life insurance. From around that time to February 20, 2014, the Defendant received KRW 51,826,995 in total as stated in the annexed crime list, and received KRW 51,826,995 in total as insurance proceeds from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to an investigation report (the result of execution of a request for provision of communications confirmation data), investigation report (the result of execution of a financial account tracking, search, seizure and verification warrant), investigation report (medical advice);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Determination as to the defendant and his/her defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes

1. The defendant asserts that the defendant had received hospitalized treatment for treatment of a disease, but did not have obtained insurance money by deceit or exaggerated hospitalization.

2. Determination;

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