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(영문) 전주지방법원 2019.05.29 2018노1459

사기

Text

The judgment below

The part of the defendant's case shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are that the Defendant actually entered into the instant insurance contract because it is not good, and the Defendant merely received the insurance money from the victim company by claiming the insurance money according to the insurance contract after receiving the hospitalized treatment according to the doctor’s direction or solicitation, and received the hospitalized treatment even if the Defendant did not

is not received for a long time beyond the actual required duration of hospitalization.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case by deceiving the victim company and acquiring the money in the name of insurance money from the victim company is erroneous or erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged of this case is that the Defendant selected several insurance products with high level of guarantee and purchased them collectively, and, for the purpose of receiving insurance proceeds, such as hospitalization and hospitalization allowances, rather than treating them via a crypted, the Defendant was formally hospitalized at a hospital which is easy to be hospitalized with respect to a disease that can sufficiently be treated even if considered, and did not receive proper hospitalized treatment while staying out or staying outside the hospital. Although the disease requires hospital, the Defendant was discharged after being hospitalized for a long time, and submitted relevant documents necessary for receiving insurance proceeds to the insurance company, including a written confirmation of hospitalization and a medical certificate, which stated that he had been hospitalized for a long time as he was hospitalized

Around March 3, 2008, the Defendant entered into an insurance contract with the Victim B Co., Ltd. (C insurance) and was hospitalized in the E-Yasan oriental medical hospital located in Yasan-si, North Korea on April 16, 2009, and received hospitalized treatment under the name of “Pungsungng-si,” etc. for 64 days.