2015 Highest 7087 (A) Fraud

(b) Forgery of private documents;

(c) Exercising a falsified investigation document;

1. (a). (c) A

2. A. B

Song-ro (Lawsuits) and Kim Jong-young (Trial)

Attorney C in charge of Law Firm D (for Defendant A)

Attorney E in charge of Law Firm E (for Defendant B)

January 21, 2016

Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment for eight months.

Seized evidence No. 1 shall be confiscated by the defendant A.

Criminal facts

1. Joint criminal conduct by Defendant A and Defendant B (Fraud)

Defendant A worked as an assistant nurse from around October 2013 to the H’s level located in Busan Seo-gu G, and Defendant B is a person who worked as an insurance solicitor from around 1987 to the present.

Defendant B made the number of days of hospitalization possible even in the minor name of disease in which H is minor from the neighbors.

Around October 2014, 201, after hearing the answer and confirming that the patient was able to receive insurance proceeds by receiving hospital documents as if he/she was hospitalized in the absence of actual hospitalization, after finding the patient as the above hospital and finding the patient as the patient in question. On November 2014, 2014, Defendant A received the consent upon receiving the request of Defendant A so that he/she can withdraw insurance proceeds even if he/she did not directly go to the hospital.

Since then, Defendant B proposed that he would be able to escape insurance proceeds even if he was actually hospitalized, and introduced false patients by directly sending the person who accepted the proposal to Defendant A or providing personal information only. Defendant A had access to the Love System (Electronic Medical Records System) without the fact that the patients so introduced were actually hospitalized at H Council members, and had Defendant B provide them with false certificates of entrance and discharge, receipt of medical expenses, and medical rent.

Defendant A received the personal information from Defendant B from Defendant B at the Hawon on October 1, 2014, around the first and second anniversary of the date, Defendant A received the personal information from Defendant B, and the fact was that the aforementioned documents were hospitalized at H’s KRW 20 days due to crypitis, tension, shoulder crypitis, tension, etc. from October 6, 2014 to October 25, 2014, Defendant A, despite not having been hospitalized at H’s KRW 20 days at his own discretion on October 2014, provided Defendant B with a written statement of confirmation of entry into and discharge from H’s name, medical expenses receipt, and detailed diagnosis and treatment expenses. Defendant B and his dependants around that time submitted these documents to Samsung Life Insurance Co., Ltd. and MG damage insurance Co., Ltd., Ltd., the damaged insurance company, and believed the details of the documents to be true, as stated in the attached Table 20 days, including the insurance money and KRW 1030 days per day from the damaged insurance company.

11. From April 2, 201 to October 5, 2015, a total of KRW 65,88,013 was paid in the same way, in total, 35 times.

As a result, the Defendants conspired to receive the property by deceiving the damaged insurance company.

2. Defendant A’s crime;

A. From February 2014 to March 2015, Defendant A received consent from LJ, L, Don K, Don L, Don L, Don M, and Don as “a request and consent to avoid insurance proceeds even if the actual hospitalization was not made” during the period from February 2014 to March 2015, Defendant A received KRW 6,619,350 in total from the damage insurance company, such as Yangyang Life Insurance Co., Ltd., for the total sum of insurance proceeds, as indicated in the annexed list of crimes (2).

Accordingly, the Defendant received property by deceiving the damage insurance company in collusion with the above J.

B. Defendant A may prepare at will a written confirmation of entrance discharge, receipt of medical expenses, etc. through the “competing system,” while the above H’s members did not properly manage inpatientss.

The abuse of this point, each time his family suffers from economic difficulties, is able to keep documents in place with the actual hospitalization at the above H level and receive insurance proceeds. In fact, the defendant himself, her husband 0, she P, Q, and Dong R did not have been hospitalized at H level, despite the fact that the defendant himself, her husband 1, her husband 0, she P, Q, and Dong R was not hospitalized at the H level, and submit a false confirmation of the source of retirement, medical expenses receipt, medical fee, etc. to the insurance company, from September 30, 2013 to September 30, 2015.

16. By no later than 24 times the total amount of the insurance money received KRW 34,93,990 in total.

Accordingly, the Defendant received property by deceiving the damaged insurance company.

C. Defendant A, at the Hawon on September 30, 2013, without the authority to prepare documents necessary for the fraud of the above insurance proceeds and submit them to the insurance company without the authority to submit them to the insurance company, and with respect to her husband, “the above patient was hospitalized in light of 2013 - 09 - 09 through 2013 - 09 - 09 - 30, 2013- - 30, by inserting and printing out the contents of “the patient” and then signing a certificate of entry and discharge in the name of H Council physician S by means of entering and printing the contents of “the document” and affixing the seal of H Council. 2)

30. From around September 25, 2015 to around September 25, 2015, the Defendant: (a) voluntarily prepared a certificate of release from the entry in the name of the said S; (b) 61 copies of the medical expenses receipt; and (c) 27 copies of the medical expenses statement; and (c) provided it to the said B, etc.; and (d) forged and exercised the private document under the name of the said

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the police officers against T, U, V, W, I, M, X,Y, Z, AA, AB, AC, AD, AE, AF, AF,J, K, and L;

1. Second police suspect interrogation protocol of AH;

1. Some statements of each police interrogation protocol against AI and AJ;

1. Each police statement made to AK, N, AL, and AM;

1. I, V, W, AJ, AA, Z, Z, M respective insurance claims, medical expenses statements, receipts, receipts, payments by the insured, amount paid by insurance company, amount paid by each insurance company, and the details of receipt of insurance proceeds by persons deposited in cash in the 0 post office account, the details of receipt of insurance proceeds by the persons who deposited in the 0th post office account, the details of receipt of insurance proceeds related to the recruitment of insurance solicitors B, the details of receipt of insurance proceeds by the insurance solicitor B deposit in this post office account, the details of receipt of insurance proceeds related to the hospitalization of the 1th family of the suspect A, the current status of inpatients, deleted records, the list of crimes, claims for insurance proceeds and payment of insurance proceeds, the M from 17 suspectsN to 35 suspects Y, and the documents of claim for insurance proceeds and payment;

1. Records of seizure and the list of seizure;

1. 카톡캡쳐사진 법령의 적용

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Article 347(1) of each Criminal Act (in the case of crimes No. 1 as indicated in the judgment, addition to Article 30 of the Criminal Act), Article 231 of each Criminal Act (in the case of crimes No. 1 as indicated in the judgment), Articles 234 and 231 of each Criminal Act (in the case of uttering of the falsified Investigation Documents), Articles 234 and 23

○ Defendant B: Articles 347(1) and 30 of the Criminal Act; each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Defendant A: (a) Each of the instant crimes on the grounds of sentencing under Article 48(1) of the Criminal Act is deemed inappropriate in light of the frequency, method, and amount of damage, etc.; (b) however, the Defendants were the initial offender and reflectiveness; (c) the considerable portion of the amount of damage was recovered; and (d) other all the circumstances constituting the conditions of sentencing, including the Defendants’ age, character and conduct, and environment, shall be determined as per

Judges Donsungsung (Presiding Justice)

1) However, the part of "1. J" in the annexed List of Offenses (3) shall be amended to "A" 1.

2) However, in the case of forging and utteringing private documents, the part of the “H Council member in the nominal name” in the annexed list of crimes shall be modified to “H Council member S.” with “H Council member’s intention.

A person shall be appointed.