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(영문) 대전지방법원 2017.02.07 2016고단849
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition, even though the Defendant did not have a certain amount of 300 million won, the Defendant purchased 13 insurance policies on a daily basis from the victim Esia Mesia Mesia 2000 monthly insurance premium around May 10, 2008, including purchasing a total of 13 insurance policies until December 21, 2008, and received the insurance money by receiving documents necessary for the receipt of insurance money, such as a certificate of hospitalization and diagnosis stating that the time of discharge had been appropriately hospitalized, and received the insurance money from the affected insurance company without any need to continuously manage and observe the medical staff for the purpose of receiving the insurance money such as daily allowances for hospitalization.

On February 15, 2009, the Defendant claimed insurance proceeds, as if he had been hospitalized for a total of 38 days at the Seoyang University Hospital located in Seo-gu, Daejeon, Daejeon, for a total of 38 days from January 3, 2009 to February 9, 2009.

However, the symptoms of the defendant were not hospital treatment, but only hospital treatment can achieve the purpose of sufficient treatment, and the defendant was actually receiving hospital treatment.

As above, the Defendant: (a) by deceiving the victim Amera Co., Ltd. (State); and (b) received KRW 1,900,000 from the victim as the insurance money on February 19, 2009; and (c) from then to August 21, 2013, the Defendant received insurance money of KRW 254,521,38 in total over 16 times in the same manner as in attached crime inundation Nos. 1, 11 through 14, 16 through 20, 22 through 27.

Summary of Evidence

1. The defendant's partial statement in court;

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