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(영문) 울산지방법원 2016.04.01 2015노353

사기

Text

Defendant

B, C’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

. The applicant.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C1 do not have been hospitalized at a hospital with the intent to obtain insurance money from the victims who are insurance companies under false hospitalized treatment, and the Defendants did not actually receive hospitalized treatment for a reasonable period of time and received the corresponding insurance money from the victims, and thus, did not commit fraud. As to Defendant B, as stated in the judgment of the court below, as to the facts constituting the crime in the judgment of the court below, the period of hospitalization from February 3, 2012, among the crimes in the attached Table II of the court below.

2. The fact of obtaining insurance money from a third party on July 27, 201, and with respect to Defendant C, the hospitalization period from July 12, 2010 to July 12, 2010 in attached Table Ⅲ of the court below's decision

8.2. From February 22, 2013 to the same year.

4. 5.Dor, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that he/she is guilty of obtaining insurance money.

2) The sentence sentenced by the lower court (Defendant B and C: six months of imprisonment, one year of suspended sentence) is too unreasonable.

B. Prosecutor 1) Fact-finding and misunderstanding of legal principles, each of the facts charged in the instant case, other than the facts charged in the lower judgment, was established, but the lower court erred by misapprehending the legal doctrine and thereby acquitted the Defendant.

2) The sentence sentenced by the lower court (for each of the Defendants, six months of imprisonment and one year of suspended execution) is too uneasible and unfair.

2. Judgment on the grounds for appeal

A. The lower court found Defendant B and C1 guilty of the facts constituting the crime in the lower judgment, taking into account the witness J, K’s respective legal statements, the second prosecutor’s examination records on Defendant B and C, each of the two-time prosecutor’s examination records on the Defendant B and C, each of the medical records claim, medical records analysis records, and the medical records advisory paper (1-3 books).

B) The second examination protocol against Defendant B and C contains the contents of confessioning the facts constituting an offense as indicated in the judgment of the court below.