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(영문) 광주지방법원 2013.09.13 2013노526

사기등

Text

The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A, in one and half years of imprisonment, Defendant C.

Reasons

1. When considering various circumstances against the defendants in light of the summary of the grounds for appeal, each punishment of the court below (two years and six months of imprisonment, one year and six months of imprisonment, one year and six months of suspended execution, and two years of suspended execution) is too heavy.

2. Determination

A. The crime of this case committed by Defendant A is not a medical practitioner but a herb doctor, and aids and abets the fraud of “bulp patients” who intend to obtain insurance proceeds by false hospitalization in the name of medical doctor C while establishing and operating a oriental medical hospital under the name of medical doctor C. The crime of this case committed by Defendant A is not good in quality. The Defendant’s hospital established ten specialized departments, such as oriental medicine department, oriental medicine department, and oriental medicine department, and oriental medicine department at the time of the instant case along with the family department, which are the specialized departments of oriental medicine department at 10 and oriental medicine department at the time of the instant case. In full view of the total floor area of 21 and patient beds at 292.14 square meters, the Defendant was a hospital with approximately 20 employees, such as oriental medical doctor and doctor, 5-6 persons in charge of administration and administration, nurses and physical therapy, and 196 patients to easily obtain admission from patients, and eventually, the Defendant did not appear to have been aware of the fact that he/she received insurance proceeds from outside the hospital and its financial position.

However, after the defendant led to a crime in the court below, he/she shall live in prison more than 10 months.