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(영문) 수원지방법원 2018.02.07 2017노5928

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant merely received appropriate hospitalized treatment at the request of the doctor in charge that he actually needs to be hospitalized due to an injury during his daily life, and received the corresponding insurance money from the victim insurance company. As such, the Defendant had the intent of deceiving the victim insurance company or deceiving the Defendant with the insurance money.

However, the lower court erred by misapprehending the legal doctrine that found all of the facts charged of this case guilty.

B. The sentence sentenced by the lower court against the Defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case did not change actually, or did not have any fact to receive hospitalized treatment at a hospital, the Defendant received false hospitalized treatment for the purpose of receiving the insurance money, etc. paid according to the number of days of hospitalization from the insurance company, and then deceiving the insurance company to receive the insurance money by claiming the insurance money by means of a written hospitalization confirmation.

On April 25, 2013, the Defendant appealed from G hospital located in Singu, Singu, on April 26, 2013, the Defendant was hospitalized in the above hospital for 16 days until May 11, 2013 from the same date, who continued to be discharged from the hospital on May 11, 2013, and appealed from G hospital located in Singu, which was located in Singu, for 17 days from the same date, “(10 days prior to the discharge from Singu, later than 10 days)” and was hospitalized in the above hospital as of May 27, 2013.

On May 28, 2013, the Defendant submitted a written admission confirmation issued by the above G hospital and G hospital and an insurance claim written by the Defendant and submitted an insurance contract form to the said insurance company’s “Wing Green Life Co., Ltd., Ltd., Ltd., and the customer center’s office,” and submitted the said insurance contract form to the Defendant.