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(영문) 춘천지방법원 2014.11.19 2014노167

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was actually hospitalized treatment at the F Council members of Ampha F, and the Defendant did not receive false hospitalized treatment even though it was possible to receive outpatients. Therefore, the Defendant did not receive insurance money from the victims.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty of the facts charged in this case by compiling the evidence duly admitted and investigated, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part “the judgment on the Defendant and his defense counsel’s

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding

B. Although there are extenuating circumstances to consider the allegation of unfair sentencing as to the assertion of unfair sentencing, including the fact that damage was not significant in size, the fact that there was no record of criminal punishment in addition to the fine once in 197, and the fact that there was no record of criminal punishment. Meanwhile, according to each of the evidence of this case, even though the facts charged are sufficiently acknowledged, the circumstances of the defendant's assertion are insufficient, such as the continuation of the crime, and the defendant's request for formal trial with the issuance of a summary order of KRW 2 million as a fine in this case, and the defendant was reduced to KRW 1 million in the court below, and was reduced to KRW 1 million in consideration of the motive and background leading up to the crime of this case, circumstances after the crime of this case, and other various conditions of sentencing as shown in the records, such as the defendant's age, character

3. If so, the defendant's appeal is justified.