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(영문) 광주지방법원 2015.08.21 2015고단1562
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 2013, the Defendant received a proposal and consented thereto that “after purchasing multiple private insurance policies and falsely hospitalized into a oriental medical hospital, the Defendant would be affiliated with a normal patient and receive the insurance money from a private insurance company after claiming the insurance money from the private insurance company.”

Around May 2013, the Defendant purchased 9 civilian insurance companies, including Dongbu Fire Insurance Co., Ltd., Ltd., which was designated by the above B, and then claimed insurance money to the victim Dongbu Fire Insurance Co., Ltd., Ltd., from May 28, 2013 to June 14, 2013, the Defendant received normal hospitalized treatment at the D oriental medical hospital located in Gwangju-gu, Nam-gu, Gwangju for 21 days from May 28, 2013.

However, the defendant did not have any time to receive hospitalized treatment at the above hospital.

As above, the Defendant: (a) by deceiving the victim East Fire Insurance Co., Ltd. and received KRW 360,000 as insurance money from the said victim around July 26, 2013; (b) and (c) from around that time to October 10, 2013, received insurance money of KRW 20,700,209 in total over 42 times in the same manner as written in the list of crimes, such as in the list of crimes.

Accordingly, in collusion with B, the Defendant received property by deceiving victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of the protocol concerning the examination of suspect B (three times); and

1. Application of Acts and subordinate statutes to each claim for insurance proceeds under the name of the defendant and accompanying documents;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommending punishment] general fraud (less than KRW 100,000) and there is no basic area (6-1,00) (6-1,00) [6-1,00] [6-1,00] [the decision of sentencing] and the nature of the crime of the crime of this case

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