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(영문) 인천지방법원 2016.01.27 2015노4256

사기

Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by imprisonment for six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant B was hospitalized upon the solicitation of the doctor in charge of the misunderstanding of facts (Defendant B), and did not deceiving the victims.

B. Improper sentencing (the Defendants) of the lower court’s punishment against each of the Defendants is too unreasonable.

2. Determination

A. As to the Defendant B’s assertion of mistake of facts, the following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court.

(A) Defendant B hospitalized Defendant B at the I Hospital (Seoul Bupyeong-gu H), S Hospital (Seoul Bupyeong-gu T), U Hospital (Seoul Bupyeong-gu T), and U Hospital (Seoul Young-gu), which had a significant distance from the place of life base and the place of the outbreak (Y), respectively.

(B) According to the review of the appropriateness of the hospitalization of Defendant B by the Health Insurance Review Board, the hospitalization of the part of the facts charged in the instant case significantly exceeded the appropriate number of days of hospitalization, and Defendant B acknowledged that Defendant B was hospitalized for a longer period than the actual period of time for the purpose of the prosecutor’s investigation and the lower court’

(C) Defendant B paid the housing cost of KRW 1 million per month, and the subsidies for North Korean defectors was the main revenue source. Of them, Defendant B paid KRW 5.20,000 won per month as insurance premium.

(2) The judgment of Defendant B, as stated in the facts charged of the instant case, was hospitalized for a longer period than the period necessary for the actual treatment with the intention to obtain the insurance money by deception, and then acquired it by claiming excessive insurance

shall be deemed to have been.

Therefore, this part of Defendant B’s assertion is without merit.

B. In full view of the following: (a) as to Defendant B’s wrongful assertion of sentencing, all the sentencing conditions shown in the instant records and arguments and the criminal records of suspended sentence of imprisonment with labor due to the same criminal act committed by Defendant B; and (b) the damage was not recovered, the lower court’s punishment against Defendant B is too unreasonable.

(c)

Defendant

C. As to the assertion of C and D, all the sentencing conditions shown in the records and arguments of this case, and the same kind of sentencing conditions to Defendant C and D.