beta
(영문) 울산지방법원 2021.01.29 2020노245

사기

Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence imposed on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

Judgment

It is favorable to the defendant, such as the fact that the defendant is aware of his mistake, the fact that the defendant has been punished more than the fine, and the fact that the defendant has no same force.

However, each of the crimes of this case is a situation unfavorable to the defendant, such as the fact that the defendant obtained false medical care benefits costs from the National Health Insurance Corporation and obtained them through fraudulent care benefits for a considerable period of about four years, and that such crime is not good, and that the amount acquired through fraud is a large amount and most of the damages have not been recovered.

In addition, comprehensively taking into account the following factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be undue due to the excessive reason.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.