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(영문) 부산지방법원 2014.05.22 2013고단9084
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

“Hospitalization” refers to a case where continuous observation by a medical personnel is required with respect to side effects or incidental effects of drugs, which are very low resistance to or are administered by a patient’s disease, and where the continuous control is required for the management of nutritional conditions and food and beverages, it is necessary to continuously administer medication treatment, etc. so that the patient’s pain may cause more inconvenience to medical treatment, or where the patient’s condition is in a situation where the patient is unable to cope with the pain, or where the patient is in danger of infection, etc., and where the patient suffers medical treatment while staying in the hospital, it is subject to medical treatment under the observation and management of the medical personnel in accordance with the relevant provisions, such as “Detailed Matters on the Standards and Method for Applying Medical Care Benefits” (hereinafter “Medical Care Benefits Standards”).

On the other hand, it cannot be viewed that the substance of treatment does not constitute hospital treatment in light of all circumstances, such as frequent out-of-door and outpatienting treatment, even if seen as being hospitalized as having been conducted.

Nevertheless, the Defendants did not engage in a business that is obligated to pay their respective insurance proceeds, and then subscribed to a large number of similar insurance policies, such as life and non-life insurance, the increase in the number of insurance proceeds, and then paid the amount equivalent to the monthly insurance proceeds after receiving the insurance proceeds. At the same time, the Defendants were able to find a hospital, etc. which provides hospital treatment easily according to the patient’s symptoms and lakes and marshes. Although the above “Medical Care Standards” does not require hospital treatment, the Defendants were able to receive the amount by claiming the total amount of the insurance proceeds by visiting the hospital for a long time without having to discharge the hospital for a certain period, even if the above “Medical Care Standards” was

1. Defendant A, the Defendant, on 208.

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