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(영문) 서울서부지방법원 2018.08.23 2018노238

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: Defendant A was receiving a pain treatment for more than a week after the accident; Defendant was hospitalized for a long time on the ground of satisf and tension diagnosed by the Defendant is against the common sense of medical care; Defendant A left the house of her mother and her mother over four days during the duration of hospitalization; Defendant C left the house of her mother and her mother during the duration of hospitalization; Defendant C consulted with the head of the office and consulted with the head of the instant hospital; Defendant C was hospitalized immediately after the accident; Defendant C was hospitalized at the central university hospital located in the Republic of Korea after the accident, and was hospitalized for seven days.

U.S. Hospital transferred to the instant hospital on the ground that only two weeks of transport patients were hospitalized.

In full view of the circumstances, such as the fact that the Defendants received a statement, and that the treatment was ordinarily conducted through pain treatment, the substance of the treatment that the Defendants received during the period of hospitalization in the instant hospital was merely the treatment rather than the treatment for hospital treatment, and was hospitalized for a long time exceeding the actual necessary hospitalization period, and the Defendants were also aware of such circumstances and acquired the insurance money by deceit by long-term hospitalization.

2. In full view of the following circumstances revealed by the lower court, the Defendants acquired the insurance proceeds by receiving hospitalized treatment with clear or dolusent knowledge that the evidence submitted by the prosecutor alone is unnecessary for the Defendants to receive the insurance proceeds by deceit.

The court below is just in finding the Defendants not guilty of the facts charged on the ground that there is insufficient evidence to acknowledge it, and the above determination does not change even if the prosecutor did not neglect the reason alleged on the ground of appeal.

We do not accept the prosecutor's assertion of mistake.

(1) A patient who visits a hospital to diagnose and treat a person due to a specific accident or disaster, except in extenuating circumstances, who has basically visited the hospital.