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부산지방법원 2013.06.04 2012노4044

사기

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment for four years, and Defendant B for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of mistake of facts that he received a large amount of insurance money for repeated hospitalization over a somewhat long-term period of time. However, in light of the fact that the insurance company actually received hospital treatment as a result of occurrence of the accident and the intention in charge at the time of hospital treatment, etc., it cannot be deemed that the Defendant committed an insurance fraud. As to the facts charged in this case, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. In particular, Defendant A’s assertion of mistake of facts against the above Defendant among the facts charged in this case, which was alleged in the lower judgment, should be deemed as an act of normal treatment, and thus, this part of the facts charged is not guilty, as there is no proof of a crime.

B. The Defendants and the prosecutor alleged unfair sentencing by the lower court sentenced Defendant A to four years of imprisonment, one year and two months of imprisonment to Defendant B, two years of suspended sentence to Defendant C, and one year and six months of imprisonment to Defendant C respectively. The Defendants asserted that the lower court’s sentence is too unreasonable, and that the prosecutor’s sentence is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. (1) As to Section 10 of the separate sheet of crime [1] among the facts constituting the crime in the judgment of the court below, the summary of this part of the facts charged is that Defendant A work at the construction site around August 16, 2003.

On October 14, 2004, the accident that led to the fall at the construction site and the accident that led to the economic difficulties while hospitalized in the I Hospital located in Busan-gu H, Busan-do, and continued to be caused by the insured's disease or disaster after Defendant A concentrated on the guarantee insurance for the daily hospitalization allowance and minor disease.