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(영문) 인천지방법원 2018.07.18 2018노845

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant continued to receive a separate outpatient treatment while receiving hospitalized treatment; and (b) the Defendant was a number of outings from December 24, 2012 to March 18, 2013, when the Defendant was hospitalized, to which he was hospitalized; and (c) most of the personal outing or outpatient treatment and unauthorized outing treatment are included; and (d) the Defendant was able to sufficiently treat the Defendant only with the outpatient treatment, rather than the hospitalized treatment.

The defendant mentioned that it is difficult to believe that the statement of opinion prepared by the doctor of the hospital at which the defendant was hospitalized, that the defendant's suicide with each other, and that the defendant mentioned the kind of the doctor avoidance, the private process, the introduction of hospital.

In light of the above, it is sufficiently known that the defendant committed an insurance fraud in a specialized manner by exchanging information with people in the surrounding area.

Nevertheless, the judgment of the court below that acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. The lower court stated the grounds for the determination in detail that the criminal intent of defraudation by the evidence alone submitted by the prosecutor was proved to the extent that the criminal intent of defraudation is not reasonable doubt.

It is difficult to see

In light of the facts charged, the lower court acquitted the instant charges.

In light of the evidence duly adopted and examined by the court below and the statement of the court below, the above judgment of the court below is justified, and the prosecutor's assertion that the court below erred by mistake of facts is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.