Changwon Criminal Litigation Attorney Assistance Case | Insurance Fraud Charge Successfully Defended Down to a Suspended Sentence With Daeryun's Assistance

The circumstances of the case that the client disclosed during the consultation with the Changwon criminal litigation attorney are as follows.

The client was working as a dental hygienist at a dental clinic.

Because their family finances had become severely strained, the client was feeling significant economic pressure.

In the course of this, the client received a call from a credit card company recommending enrollment in an insurance policy, and, although they knew that a medical institution worker cannot enroll in such insurance, they enrolled anyway.

Thereafter, by misusing the hospital director's seal, the client forged a 'treatment chart' and a 'dental treatment confirmation,' among other documents, as if they and family members had received treatment at the hospital, submitted them to the insurance company, and obtained approximately 40 million won in insurance proceeds by deception.

The insurance company suspected the client's conduct, the charges came to light, and they were charged with violation of the Special Act on Prevention of Insurance Fraud (aiding), forgery of a private document, and uttering of a forged private document.

The client, having repaid the full amount of the loss to the insurance company, expected to receive a suspension of indictment, but the prosecutor brought charges, and in dismay they came to Daeryun.

▣ Criminal Act Article 231 (Forgery or Alteration of Private Documents, etc.)

A person who, with the intent to use it, forges or alters another person's document or drawing relating to rights, duties, or certification of facts shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

▣ Criminal Act Article 234 (Uttering of Forged Private Documents, etc.)

A person who utters a document, drawing, or special media record such as an electronic record made through the crimes set forth in Articles 231 through 233 shall be punished by the penalty prescribed for each such crime.

As with the client above, falsely claiming and obtaining medical insurance proceeds may give rise to a charge of 🔗medical insurance fraud. In such a case, the punishment is more severe than that for fraud under the general Criminal Act.

▣ Special Act on Prevention of Insurance Fraud Article 8 (Crime of Insurance Fraud)

Article 8 (Crime of Insurance Fraud) A person who obtains insurance proceeds through an insurance fraud act, or who causes a third party to obtain such proceeds, shall be punished by imprisonment for not more than 10 years or a fine not exceeding 50 million won.

① A person who falls under any of the following shall be punished by imprisonment for not more than 10 years or a fine not exceeding 50 million won.

1. A person who obtains insurance proceeds through an insurance fraud act, or who causes a third party to obtain such proceeds

2. A person who, in violation of Article 5-2, arranges, solicits, induces, or advertises an insurance fraud act

② In the case of paragraph (1), item 1, imprisonment and a fine may be imposed concurrently.

The client made full restitution of the amount of damage to each insurance company, the victims.

The attorney emphasized that the insurance companies had accordingly expressed in the confirmation of restitution that they did not wish for punishment, and had stated in the settlement agreement that they wished for the client to be treated with the utmost leniency.

The client has consistently admitted everything regarding the charged facts from the time the investigation began.

He also emphasized that he keenly realizes how much harm conduct such as the offense in this case causes to society and that he is repenting.

Many of the client's acquaintances, including her parents, husband, colleagues, and friends, are earnestly pleading for leniency for her.

In addition, we emphasized that, because the client clearly has family and social ties, there is no likelihood of reoffending given those social ties.

An amendment to the Special Act on Prevention of Insurance Fraud was recently set to take effect after passing the National Assembly, and the purpose is to strengthen the punishment of persons involved in the insurance business in order to detect and prevent insurance fraud, which is becoming increasingly sophisticated and intelligent.

Like the client above, persons working at medical institutions are also included among persons involved in the insurance business, so if you have been charged in a situation similar to that of the client above, entrusting the case to a specialist attorney for a response may assist with sentencing.

At Daeryun LLC, many criminal law specialist attorneys jointly handle criminal cases related to fraud and respond to clients' cases with expertise.

If you need help, please feel free to knock on the 🔗door of Daeryun at any time.