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(영문) 대전지방법원 홍성지원 2017.08.29 2016고단574
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In spite of the absence of any special import, the Defendant purchased multiple insurance products with high amount of hospitalization and high security, and, without having to undergo continuous management and observation by the medical staff, entered a hospital where it is easy to be hospitalized with respect to a disease that can be sufficiently treated by its members, and after the lapse of a certain period, entered the hospital to another hospital and received hospitalized treatment. Although the disease requires hospitalized treatment, the Defendant received long-term hospitalized treatment, as long as necessary, and submitted documents necessary for the receipt of insurance proceeds, such as a certificate of hospitalization and a medical certificate, stating that the disease was appropriately hospitalized at the time of discharge, and submitted them to each insurance company for receiving insurance proceeds under the name of the insurance company, such as hospitalization expenses and medical expenses

Accordingly, on December 24, 2007, the Defendant claimed insurance proceeds from the victim MG non-life insurance around November 13, 2007 to November 28, 2007, as if the Defendant received normal hospitalized treatment from “E” on the second floor of the DD building in Gangseo-gu Seoul Metropolitan Government, for 16 days from the urology to the urology.

However, the symptoms of the defendant were not necessary for the period of hospitalization, and it was possible to fully treat the defendant by the patient without having to undergo continuous management and observation of the medical staff.

As such, the Defendant, by deceiving the victim MG non-life insurance, received KRW 260,00 as the insurance money from the injured party around December 24, 2007, and received KRW 232,752,52,525 in total from that time to July 21, 2015, as shown in the crime sight table.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Each statement of the witness F, G and H in the second public trial records;

1. Statement of the witness I and each of the J in the fourth public trial records;

1. Statement made by the witness K in the fifth public trial records;

1. Status of purchase of insurance by company;

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