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(영문) 창원지방법원 2020.01.08 2016노290

사기

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The appellate court’s appellate court dismissed the application for compensation order filed by the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the appellate court’s

2. Summary of grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. misunderstanding of facts, misunderstanding of legal principles, Defendant received surgery and hospitalized treatment is based on the professional judgment and instruction of doctor L, and Defendant did not have intention to commit fraud.

Therefore, the judgment of the court below convicting the defendant of the facts charged is erroneous by misapprehending the rules of evidence or by misapprehending the legal principles as to the intention of fraud.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

3. Determination

A. The summary of the facts charged is C, 39,840 won of the monthly insurance premium of April 9, 1996, D, 38,100 won of the monthly insurance premium of January 28, 199, E, 65,300 won of the monthly insurance premium of July 23, 2001, F 34,200 won of the monthly insurance premium of September 7, 2004, and G, 192,400 won of the monthly insurance premium of April 28, 2005, and the same year.

7. 6. The monthly insurance premium of 29,000 H 05, and the monthly insurance premium of 27,000 won on November 30 of the same year were subscribed in sequence I.

When the Defendant came to know at the J Hospital that the patients can receive a large amount of insurance proceeds easily, and that he attracting patients by taking advantage of convenience for long-term hospitalization. On August 11, 2009, the Defendant was willing to receive long-term hospitalization after finding to the J Hospital located in J Hospital located in G in G in G in Kimhae-si without any stringing her director on August 11, 2009.

Accordingly, on January 15, 2010, the defendant found in J Hospital and complained for a doctor L's severe pain, but received a proposal to conduct a operation in sequence on four occasions, both kiscin and sium.