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(영문) 서울북부지방법원 2018.02.07 2017고정941
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

E hospital in Seongbuk-gu Seoul Metropolitan Government is a hospital operated normally, such as facilitating entry, discharge, unauthorized outing, and staying outside without permission, and verification of hospitalization for patients even if the hospital is not actually hospitalized.

The Defendant claimed insurance money to the victims Hyundai Marine Insurance Co., Ltd. on the ground that he/she was hospitalized in the E hospital from around April 16, 2015 to April 30, 2015. However, the Defendant did not have received normal hospitalized treatments, such as staying outside and going out of the hospital without permission during the above period. As such, the Defendant, as seen earlier, by deceiving the victims, received KRW 300,000 from the victims for the purpose of the hospitalization treatment around June 20, 2016, and received the said KRW 4,430,888 from the victims, as if he/she had been hospitalized for three times in total as shown in the list of crimes in the attached Table, and received the total amount of KRW 4,430,888 from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, G and H;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of each police suspect against F, G, or H;

1. Application of the Acts and subordinate statutes on the analysis of the records of payment of insurance companies A;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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