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(영문) 인천지방법원 2014.12.19 2014노3703

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (defendants) were hospitalized upon the diagnosis that there is a need for hospitalized treatment from the doctor of the D convalescent hospital (hereinafter “instant hospital”), and received proper medical treatment during the period of hospitalization.

Therefore, the defendant can not be viewed as deceiving the victim insurance company to acquire insurance money.

B. The sentence of unfair sentencing (two months of imprisonment) of the lower court is too heavy or imprisoned (the Defendant) and it is unjust to inspect (the prosecutor).

2. According to the following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, it is recognized that the Defendant did not have received proper hospitalized treatment at the instant hospital, and that there was no injury to the extent that the Defendant was forced to

In contrast to the foregoing, U’s statement in U’s original trial court and in an investigative agency is difficult to believe it in light of the fact that U is in the position of risk of criminal liability in a case where he recognizes the fact of false hospitalization in the instant hospital as a person who actually operates the instant hospital and determined the hospitalization of the patient.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

The nurses of the instant hospital, at the time of the instant case, prepared a false nursing log, such as the preparation of a nursing log as if the inpatients did not exist in the instant hospital, and prepared a false nursing log, a blood pressure body, a Medidy site, a meal ledger, etc.

In addition, there were a large number of patients being hospitalized again after preparing a letter to the doctor that the nurses of the instant hospital forcedly discharge patients who are forced to stay outside without permission and stay outside without permission.

B. Many nurses (E, F, G, J, V, L, P, Q, etc.) working at the instant hospital had no record of being hospitalized by the Defendant.