특정경제범죄가중처벌등에관한법률위반(사기)등
1. The part of the judgment of the court below against the defendant is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
(b).
1. The summary of the defendant's grounds for appeal is that it is difficult to recognize the conspiracy relation between the co-defendants and the defendant and the patient among the facts charged regarding insurance fraud under paragraph (5) of the criminal facts in the judgment of the defendant, the court below acquitted the defendant on the grounds that it is difficult to recognize the conspiracy relation between the defendant, co-defendant B, Co-defendant C, E, and the patient. The prosecutor argued that the conspiracy relation
However, in this part of the crime of fraud, the issue of whether the above co-defendant and the defendant conspired with the patient is not related to the establishment of the crime of fraud, and even if the part of the crime of fraud with the patient was deleted under this part of the charge, it does not affect the conclusion of the crime against the defendant.
In addition, the investigative agency is proceeding with the investigation of insurance fraud suspicion against the patient or pending trial by filing a prosecution. If the co-defendant and the defendant recognize the conspiracy relation with the patient who became the suspect or the defendant in this case, it would result in serious infringement of the above patient's right to defense. Therefore, it is necessary to determine whether to recognize the conspiracy relation in the relevant case of each patient.
Therefore, the part which the court below rendered a not guilty verdict on the conspiracy part with the patient who cannot be subject to the judgment in this case is invalid, and there is no benefit to the prosecutor to dispute against it by misunderstanding of facts and misunderstanding of legal principles. Thus, the prosecutor's above assertion is not judged separately.
(F) Each fraud described in Paragraph (5) of the crime committed in the original judgment)
A. Since the facts charged against the defendant are too comprehensive and uncertain, thereby significantly hindering the defendant's exercise of his/her right to defense, a prosecution against the defendant is instituted against him/her.