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(영문) 대전지방법원 2017.11.02 2017노715

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who received treatment, paid part of the medical expenses to the victim during the process of treatment, and was only unable to pay the remaining amount due to economic difficulties thereafter. Therefore, the Defendant did not have the intention or ability to pay the medical expenses from the beginning.

B. The punishment sentenced by the lower court (the amount of KRW 3 million) is excessively unreasonable.

2. Judgment on the grounds for appeal

A. 1) The lower court’s determination on the assertion that the Defendant had no intention or ability to pay medical expenses in light of the following circumstances:

Based on the judgment of the court below, the charged facts of this case were convicted.

A) The instant treatment was conducted for a long time, and the cost incurred therefrom exceeds KRW 20 million.

The Defendant appears to have failed to have an account under his name during the instant period, and the Defendant used the account.

In the account in the other person's name, most of the money deposited has not been left over until now.

B) While the Defendant was faced with an economically difficult situation due to conflict with the former wife at the time, the Defendant received the instant treatment, without mentioning the victim about it, which requires a large amount of expenses.

C) After the day, the Defendant visited Dentals to pay medical treatment fees, etc., and avoided the victim’s contact for several years.

2) Examining the aforementioned detailed circumstances in light of the lower court’s records and comparison of the aforementioned detailed circumstances, the intent or ability to pay remaining medical expenses to the Defendant, as described in the instant facts charged, taking into account the amount of the instant medical expenses, the Defendant’s economic situation during the treatment period, and the Defendant’s attitude, where the payment of the remaining medical expenses was unilaterally obstructed and obstructed after the treatment, etc.