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(영문) 서울남부지방법원 2016.06.03 2015노2051
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (i) The Defendants did not actually operate the Korea Oriental Medical Hospital or T Council member, and were merely the employment intent to receive benefits from the actual operator B (or A). Therefore, there was no solicitation or participation in the instant crime in B ( or A), E, and there was no knowledge about whether to subscribe to the insurance of inpatients, or whether to claim personal insurance benefits.

Defendant

C points out the part of the judgment of the court below in relation to the assertion of innocence, but the judgment of the court below finding the defendant guilty has been delivered as a matter of course, so in the case where the defendant's assertion of innocence, etc. is rejected, the rejection did not specifically state the fact that the contents of the argument do not fall under Article 323 (2) of the Criminal Procedure Act.

Even though it can not be seen as a neglect of judgment.

Nevertheless, the judgment of the court below which found the Defendants guilty of all the charges is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

The list of crimes in this case was based on the data prepared by AB, and AB made a statement to the effect that it was voluntarily prepared due to the lack of accurate evidence in the court of original instance. The judgment below which found the Defendant guilty of all the facts charged on the list of crimes based on such arbitrary data is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court against the Defendants is too unreasonable as follows.

- Defendant A: Imprisonment with prison labor for 10 months, 1 year of suspended sentence - 1 year of imprisonment for Defendant C: Imprisonment for 6 months, 1 year of suspended sentence - Defendant D: Imprisonment for 6 months, 1 year of suspended sentence - Defendant E: Imprisonment for 8 months;

2. Determination

A. Defendant C and D’s assertion of misunderstanding of facts is jointly processed with the Defendant’s first assertion, and two or more persons are jointly engaged in crimes.

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