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(영문) 창원지방법원 마산지원 2017.09.12 2016고정531
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2012, the Defendant: (a) while driving a BMW car in front of the DMW club located in Changwon-si, Changwon-si, Seoul on December 23, 2012 with F, G, and H on board; (b) was straighted from the front bank.

I SM5 car conflicts with passenger cars.

Defendant, F, G, and H agree to receive insurance money after receiving hospitalized treatment even if the accident was insignificant and there was no need for hospitalization due to the lack of injury to the degree of hospitalized treatment. Accordingly, the Defendant was hospitalized in the J hospital where H was aware of around December 26, 2012 with F, G, and H, and the Defendant was receiving medical treatment after being hospitalized in the J Hospital where the nurse was employed by H around December 26, 2012. On January 4, 2013, the Defendant filed a claim for agreed amount and medical expenses with the victim’s East Fire Insurance Co., Ltd., Ltd., Ltd. and received KRW 1,452,180 as insurance money from the victim around that time.

Summary of Evidence

1. Legal statement of the witness H;

1. A protocol concerning the examination of a suspect by the prosecution against the defendant, H, G, or F;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or H (the first time);

1. Details on payment of insurance proceeds;

1. Application of Acts and subordinate statutes to medical records;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The insurance company was hospitalized due to the necessity of hospitalized treatment due to the alleged traffic accident, and the insurance company did not deception.

2. Determination

A. Where the defendant falsely reported an insurance accident with intent to obtain insurance money or intentionally causes an insurance accident, fraud regarding insurance money is established, and even if the defendant is able to obtain insurance money, he/she suffered minor injury due to an accident that may constitute an insurance accident.

Even if this is the intention to obtain insurance money through the cryptization, if he is hospitalized for a long time in a hospital and he is paid excessive insurance money compared to actual damage for this reason, the whole insurance money shall be punished.

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