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(영문) 의정부지방법원 2020.06.25 2019고단3321
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Based on the fact that the Defendant purchased multiple insurances, such as “C,” etc. of the victim B company, reliance on the necessity of hospitalization for the insured and the adequacy of the hospitalization period only on the content of the written confirmation of hospitalization and discharge issued by the hospital, and used the practice of the insurance company that pays the beneficiary insurance money to the beneficiary, and did not have been properly hospitalized, the Defendant was willing to receive the insurance money by issuing the relevant documents necessary for receiving the insurance money, such as a certificate of hospitalization and discharge, as if he

Thus, from December 19, 2016 to January 19, 2017, the Defendant received hospitalized treatment for 32 days in the “E Hospital” located in Gyeonggi-do as “E Hospital” in Gyeonggi-do, under the name of “the salt pansium and tensions specified in the table and others”, and on January 20, 2017, the Defendant claimed insurance proceeds with the victim FF corporation around January 23, 2017 at the victim B corporation and the post office of the victim.

However, the defendant did not receive hospitalized treatment at any time during the above hospitalization period due to daily activities, such as opening to his house, conducting shopping, etc.

The Defendant received KRW 580,00,000 in total from the victim B Co., Ltd. to the G Association account in the name of the Defendant on January 23, 2017; KRW 1,700,000 in total from the victim’s post office to the post office account in the name of the Defendant on January 20, 2017; and KRW 406,660 in transfer from the victim FF Co., Ltd. to the said G Association account on January 23, 2017; from that time until February 26, 2018, the Defendant received KRW 406,660 in total from the victim F Co., Ltd. to the above G Association account; and received KRW 532 in the manner of repeatedly hospitalized admission from the victim B, the victim’s post office, the victim F Co., Ltd., and the victim H Co., Ltd. from January 20, 2017 to April 5, 2018.

Accordingly, the defendant is an insurance fraud act.

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