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(영문) 부산지방법원 2014.08.29 2014노2154
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the defendant is too heavy or it is unreasonable to conduct an examination.

2. The judgment defendant led to the confession of the crime of this case and recognized his mistake, and the accomplice F (the head of the hospital of the E won) who first received the judgment in this case fully repaid the amount acquired by deceit to the Health Insurance Corporation in relation to the part concerning the defraudation of insurance money, and in relation to the part concerning the aiding and abetting the fraudulentation of insurance money, it is recognized that each insurance company deposited considerable amount of damage, and that

However, insurance fraud, such as the crime of this case, directly causes property damage to the Health Insurance Corporation and the insurance company, which is the victim, but as a result, the amount of insurance premium increases, which eventually leads to all the persons who have subscribed to the insurance, and therefore, the damage is very significant in its quality of crime, and the continuous control of the related agencies still leads to such crime. Therefore, it is necessary to punish such crime, and the defendant is also the head of the original affairs division before he takes up the "E" from the "AU Council". At the time, the defendant was well aware that the F, who was the management intent of the "AU Council", was committing the crime of receiving insurance money from the National Health Insurance Corporation and the insurance company in the same way as this case, and was given a statement recognizing the facts of the crime of F during the investigation process. Thus, as in this case, the head of the "E" established by the F Council, without being aware of the structure and illegality of the crime of obtaining insurance money and obtaining fraud, plays an important role in the National Health Insurance Corporation's request for hospitalization and issuance of false financial benefits.

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