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(영문) 부산고등법원 2018.01.24 2017노576

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (as to Defendant A), Defendant A established a research institute of AD Council members, AF Council members, AH Council members, and AJ urology, and deceiving the National Health Insurance Corporation to receive medical care benefits, thereby deceiving the National Health Insurance Corporation, is not only the following criminal intent but also the victim and the method of committing the crime, and thus, it is a comprehensive crime relationship.

However, the judgment of the court below which found Defendant A guilty on the ground of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by comprehensively covering each of the above hospitals to constitute a separate fraud.

2) The sentence that the court below sentenced the Defendants (defendant A: imprisonment of 2 years and 6 months, Defendant B: imprisonment of 2 years and Defendant C’s consumer life cooperative: fine of 15 million won) is unfair because it is too uneasible.

B. The sentence imposed by the lower court is too unreasonable.

2. Ex officio determination on the part concerning Defendant A and B in the judgment of the court below

A. We examine the reasons for appeal ex officio prior to the judgment.

Of the facts charged against Defendant A in the first instance trial, the prosecutor shall change the following facts: ① Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); ② Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); ③ Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); ③ Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); and ③ Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) from among the facts charged against Defendant B, the above facts charged are as follows: (i) the crime and the applicable Act are changed into “each fraud and Article 347(1) of the Criminal Act”; and (ii) the above facts charged and the applicable Act are as follows: (iii) Article 347(1) of the Criminal Act and Article 32(1) of the Criminal Act are as follows.