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(영문) 광주지방법원 2013.10.04 2013노1542

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (the fine of KRW 15 million) is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflects it, there is no record of punishment exceeding the same criminal records and fines for the defendant, and most of the damages that A, an accomplice, recovered is favorable.

However, the crime of this case is a case where the defendant conspired with Gap et al. and received medical care benefit costs from the National Health Insurance Corporation, by pretending to have hospitalized patients who are not hospitalized or who need not be hospitalized, and aiding and abetting the fraud of "bulp patients" in order to obtain insurance proceeds by false hospitalization, and is not good, and the crime is not good. The defendant took part in the crime, such as inducing false inpatients, controlling the management of out-of-the-patients, claiming for benefits, etc., and the financial status of the National Health Insurance Corporation and the insurance company has deteriorated due to such crime, and eventually the burden is transferred to the general insured, the defendant shall be subject to punishment corresponding thereto.

In full view of these circumstances, considering all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, etc., the lower court’s sentence cannot be deemed to be too unreasonable, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.