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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2017.06.29 2015노1314
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the fact that the Defendant was committed by the prescription of the doctor in charge, and the intention in charge determined the necessity or reasonableness of each hospitalization, and the record of the Defendant’s intent and the record of nursing records cannot be viewed as having been falsely prepared, and the victims also paid adequate insurance money to the Defendant after undergoing the due diligence before paying insurance money. However, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.

2) The lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable, which is unfair for the following reasons: (a) the Defendant’s punishment (one year of imprisonment) is too unreasonable: (b) the Defendant’s punishment of the attached crime list Nos. 9 through 68, 82 through 110 among the instant charges.

B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles (the fact that the Defendant was subject to criminal punishment of KRW 1,50,000,000,000,000,000,000,000) (1) as to the fraud of the attached crime list No. 1 through No. 8, 69, and 81 among the facts charged in the instant case, among the facts charged in the instant case, it is difficult to view that the Defendant is in need of hospital treatment for 26 days when based on the diagnosis of the traffic accident on June 5, 2008 against the Defendant. The Defendant did not receive any specific treatment during the above period, and there was no other treatment during the hospitalization period, and the Defendant was hospitalized from time to time during the hospitalization period. In light of the fact that the Defendant was hospitalized with the insurance money of KRW 2,479,00,00,000 from another insurance company after being hospitalized with the traffic accident in question, the Defendant at the time was also under hospital treatment.

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