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(영문) 광주지방법원 2017.08.10 2017고단2142
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant is hospitalized, he was admitted to the insurance company that is not only the medical expenses but also the daily allowance for hospitalization, and then was hospitalized to the hospital, which is a minor disease without the necessity of hospitalization, and the defendant was willing to receive insurance money.

From Jan. 31, 2008 to Feb. 13, 2008, the Defendant hospitalized the E-type department located in Gwangjubuk-gu for 14 days from the 14 days from the e-type zone, conical disability, etc., and received a written confirmation of hospitalization and received a long period of hospitalization from the hospital, and filed a claim for insurance proceeds with the victim Hyundai Commercial Re-insurance Co., Ltd. as if the Defendant received hospitalized treatment at the hospital.

However, since the above disease of the defendant was conducted only for the treatment and the preservation of physical therapy, it was a minor disease without the necessity of hospitalization.

Nevertheless, the Defendant: (a) by deceiving a person in charge of the payment of the insurance proceeds of the victimized person; (b) received KRW 967,470 from the victimized person to the post office account under the name of the Defendant around March 14, 2008; and (c) received KRW 79,023,554 from the victims from February 29, 208 to September 15, 2014, by receiving KRW 79,023,54 in total from the victims to September 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Details of response to requests for deliberation on the propriety of hospitalization and review on the appropriateness of A hospitalization period;

1. A written confirmation of admission and discharge, medical records, and medical records;

1. The details of agricultural transaction, etc.;

1. Application of Acts and subordinate statutes to all documents claiming insurance proceeds;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the sum of the amounts acquired through deception is larger than a long-term crime for the reason of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation.

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