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(영문) 대전지방법원 2019.10.17 2017노3480

사기

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal: In light of the fact that the Defendants subscribed to multiple insurance products with which considerable premiums should be paid in spite of the fact-finding that the Defendants did not have any particular income, the Defendants’ disease is not a severe disease, and the contents of hospitalized treatment are also limited to preservation treatment, and the number of hospitalization days of the Defendants exceeds the adequate number of hospitalization days calculated by the Health Insurance Review and Assessment Service, etc., it can be sufficiently recognized that the Defendants were hospitalized with doctors for a long time exceeding the proper number of hospitalization days, and that they obtained the insurance money by claiming for the insurance company’s insurance money

Nevertheless, the judgment of the court below that acquitted all the charges of this case against the Defendants is erroneous in the misapprehension of legal principles.

2. The lower court determined, on the grounds indicated in its reasoning, that each of the facts charged in the instant case cannot be deemed as having been proven beyond reasonable doubt.

Examining the above judgment of the court below closely after comparison with the records, the judgment of the court below is just, and there is no new evidence to reverse the judgment of the court below in the trial.

Therefore, the prosecutor's above assertion of mistake is without merit.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, it shall be corrected to correct the phrase “as of April 14, 2015” by “as of May 20, 2015,” which read “as of May 20, 2015.”