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(영문) 부산지방법원 2015.01.16 2014노1067

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (defendant A, C), Defendant A, and C have suffered from diseases that actually require hospitalized treatment, and the duration of hospitalization is also hospitalized only for the period necessary for the treatment of diseases. Therefore, it cannot be deemed that the victim insurance company was defrauded by deceiving the insurance proceeds as stated in the facts charged.

B. Each sentence (Defendant A: fine of KRW 4 million; fine of KRW 2 million; fine of KRW 2 million; and fine of KRW 500,000,000) of the court below on the Defendants is too unreasonable.

2. Judgment on the assertion of mistake of facts by Defendant A and C

A. “Hospitalization” refers to a patient’s stay in a hospital for at least six hours and receiving treatment under the observation and management of a medical staff in accordance with the following provisions: (a) where continuous observation by a medical staff is required with respect to side effects or incidental effects of the patient’s disease caused by very low resistance or administered drugs; (b) where the management of the patient’s symptoms and drinking food needs to be continuously conducted; (c) where the patient’s pain and treatment are in a situation where the patient’s condition is unable to cope with pain or where the patient’s risk of infection exists; and (d) where the patient resides in the hospital and receives treatment; and (e) where the patient has been under the medical staff’s supervision and supervision during the period of stay in the hospital, the patient’s symptoms, diagnosis and treatment procedure; and (e) the patient’s remaining time of stay in the hospital after taking care of the patient’s symptoms, diagnosis and treatment procedure; and (e) the patient’s remaining time of stay in the hospital is determined after taking full account of the patient’s actions.