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(영문) 대구지방법원 2017.06.29 2017노730

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the facts. ① In relation to fraud, the Defendant did not have any awareness or intent that the money would be acquired through deception by deceiving the National Health Insurance Corporation in collusion with Defendant B.

② As to the crime of false accusation, the Defendant did not agree with the preparation of a written acceptance of obligation, and thus, Defendant B and U constitute a crime of forging a document and the Defendant is not recognized as a crime of false accusation.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

(c)

The sentence imposed by the court below to Defendant A is too uneasible and unfair.

2. Judgment on Defendant A’s assertion of mistake of facts

A. As to fraud, Defendant A asserted the same as the grounds for appeal in this case at the lower court. The lower court, based on the following: (a) actually paid the contribution of the C Medical Consumer Cooperative to Defendant A and assumed office as the president; (b) Defendant A consulted with each other on the share of the C Medical Consumer Cooperative and the distribution of the profits from the operation of the hospital; (c) Defendant A immediately closed circuit television (CCTV) within the office after establishing each hospital listed in the name of C Medical Consumer Cooperative; (d) Defendant A immediately appointed Z as its head to administer and supervise the hospital’s business; (v) A’s claim for medical care benefit to the National Health Insurance Corporation for the operation of the hospital; and (v) around August 2015, Defendant A sold the hospital’s operating right and equipment under the name of the C Medical Consumer Cooperative; and (v) around August 2015, each of the series of crimes, including the establishment of the C Medical Consumer Cooperative’s medical consumer association and the medical care expenses of each hospital.