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(영문) 청주지방법원 2017.04.13 2015고단2243
사기
Text

Defendant

A Imprisonment for six months, Defendant B and C shall be punished by a fine of five million won, and Defendant D shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Defendant A purchased a large number of insurance products with high level of guarantee beyond the economic ability, and received false or excessive hospitalized treatment, and accordingly, Defendant A received insurance money, such as hospitalization expenses, from an insurance company, based on this.

On January 20, 2010, the Defendant subscribed to insurance products as one of the non-distribution units of the MG Non-Life Insurance (former LG Fire Marine Insurance) and the non-distribution units of the Eastyang Life Insurance around June 17, 2010. From August 6, 2010 to September 14, 2010, the Defendant filed a claim for insurance proceeds with the victim MG Non-Life Insurance Co., Ltd. to the effect that the Defendant was duly hospitalized for 40 days around September 24, 2010.

However, the Defendant operated a restaurant from time to time during the period of hospitalization, and there was no need for continuous observation by medical personnel, management of nutritional conditions and food ingested, continuous administration of drugs, and medical care due to lack of resistance to the disease, etc., or there was no circumstance to receive hospital treatment due to impossibility of hospital treatment. The Health Insurance Review Evaluation Institute also did not need to receive hospital treatment for a long time, such as evaluating the appropriate period of hospitalization as 14 days.

As above, the Defendant: (a) by deceiving the victim MG damage coverage; and (b) received KRW 3,008,239 from the victim MG non-life insurance on or around October 7, 2010 as insurance money; and (c) around that time, from around September 23, 2013 to around September 23, 2013, issued KRW 40,479,501 from the victim MG non-life insurance and KRW 16,760,759 in total, including KRW 16,759 in the list of crimes in attached Form 1-2, 15 times, such as the previous list of crimes in attached Table 1-1-2.

2. Defendant B (R prior to the opening of the name) is a majority of insurance products with a high level of guarantee exceeding the economic capacity.

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