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(영문) 서울북부지방법원 2018.02.19 2017고정697
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

D hospital in Seongbuk-gu Seoul Metropolitan Government is a hospital operated normally, such as facilitating entry into, discharge from, and unauthorized going out of, the so-called office hospital, and absence of substantive hospitalized treatment.

The Defendant was hospitalized in the aforementioned D Hospital from July 1, 2014 to July 15, 2014, and claimed insurance proceeds from the said D Hospital for 15 days. However, the Defendant did not have been hospitalized due to the absence of a doctor’s medical examination and treatment. However, the Defendant, as seen above, did not have received substantial hospitalized treatment, such as that he/she received no medical examination and treatment. As such, the Defendant, by deceiving the victim, received KRW 450,000 of the insurance proceeds around July 21, 2014, and by deceiving the victims by the same method from around June 17, 2016 to receive KRW 28,180,216 in total as indicated in the attached list of crimes -A.

Summary of Evidence

1. Each legal statement about witness E, F, and G;

1. Recording records of the examinations of witnesses in relation to G and E;

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

1. Domestic investigation reports (a copy of the protocol concerning the nurse of the D hospital or the interrogation of suspect of the D hospital);

1. Report on internal investigation (a list of inpatientss and a statement of claim for expenses for medical care benefits on the basis of the verified medical records of the amount of seizure) (a list of hospitalized patients A who have verified the amount of seizure and a statement of claim for expenses

1. Application of Acts and subordinate statutes to data on analysis of treatment set;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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