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(영문) 부산지방법원 2013.11.22 2013노2640

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendants were hospitalized in a situation where hospital treatment is required, and there was no unnecessary hospitalization or false hospitalization, and thus, the court below found the Defendants guilty of each of the charges of this case, and there is an error of law by mistake of facts

Even if the judgment of the court below against the Defendants (the fine of KRW 7 million is imposed on the Defendants A, the fine of KRW 1 million is imposed on the Defendants C, the fine of KRW 5 million is imposed on the Defendants C, the fine of KRW 1 million on the Defendants A, the fine of KRW 7 million in the case of the Defendants E, the fine of KRW 5 million in the case of the Defendants F, the fine of KRW 1 million in the case of the Defendants G, the fine of KRW 1 million in the case of the Defendants H, the fine of KRW 3 million in the case of the Defendants H, and the fine of KRW 1.5 million in the case of the Defendants I) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below including each medical record, the nursing record book, and the result of the medical analysis of the Korea Medical Intelligence Service, each cell phone phone call, etc., the defendants can sufficiently recognize the fact that the defendants received insurance money such as daily allowances by pretending to be hospitalized for a long time or as long as they were hospitalized for a long time, even though they were in a situation where they could be sufficiently treated by hospital treatment or by sufficient means of short-term hospitalization. Thus, there is no reason to argue that the defendants' assertion of mistake of facts is reasonable. In full view of all other matters concerning the sentencing specified in the records and arguments of this case, considering the frequency of the crimes committed by the defendants, the benefits accrued therefrom, and the defendants' rejection of their own crimes, the judgment below's punishment against the defendants is deemed appropriate.

3. Therefore, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.