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(영문) 청주지방법원 2015.06.18 2014노1227

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) Defendant 1 had difficulty walking with knee persneo, etc.; and (b) Defendant’s home inevitably had been hospitalized treatment because it was difficult to undergo physical therapy and pharmacologic treatment from the Defendant’s home to a hospital; (c) so, Defendant was not hospitalized treatment to obtain insurance money; (d) the lower court’s sentence of unfair sentencing (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged of the instant case is that the Defendant was admitted to a hospital due to disease, etc., and was admitted to a multiple health insurance for which insurance money is paid for the purpose of hospitalization. As long as it is necessary to provide medical treatment solely on the basis of the patient’s medical care, the Defendant was hospitalized for a long time, went outside the hospital from time to time after being hospitalized, and went outside the hospital, and went as if he had been hospitalized for a long time after being hospitalized, and received normal hospital treatment for a long time. As indicated in the attached Forms 1 and 2, the Defendant acquired necessary hospitalized treatment 16 times in total from March 22, 2006 to March 16, 2012. From April 11, 2006 to March 19, 2012, the Defendant received insurance money from the victim to receive KRW 68,300,000 as total insurance money from the victims by claiming insurance money from the victims.

B. The lower court’s judgment did not notify the Defendant of the fact that the Defendant was sent out several times during the period of hospitalization, the case of re-hospitalized during or near the date of discharge, the fact that he was hospitalized at the immediately preceding hospital when he was transferred to a hospital, the fact that he was hospitalized in the hospital was almost the same disease for more than five years, and that he was hospitalized in almost the same disease for more than five years, and that he did not receive any special excluding physical treatment, and that the number of