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(영문) 부산지방법원 2014.06.20 2014노982
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not notify K of the measures to recover medical care benefits, the court below acquitted the defendant of the facts charged of the fraud of this case on the ground that he did not have the intention of deceiving the defendant on the premise that the defendant notified K of the measures to recover medical care benefits. The court below erred in the misunderstanding of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too uneasible and unfair.

2. Determination

A. The lower court found the Defendant guilty of the instant fraud charges on the ground that the Defendant was informed of the fact that the Defendant had been subjected to recovery measures, etc. regarding medical care benefits from the National Health Insurance Corporation around April 201 at the time of the instant loan by comprehensively taking account of the written evidence No. 2 (written consultation on loans of Medicar loan) and the testimony of K witness of the lower court, and that the Defendant was not guilty of the instant fraud charges, considering that the Defendant had no intent to deceive the victim. In light of the records, the lower court’s aforementioned determination is acceptable in detail in light of the records, and thus, the Prosecutor’s assertion on

B. In full view of the following: (a) the judgment on the assertion of unfair sentencing is examined; (b) the Defendant reflects the depth of the Defendant; (c) the Defendant has no record of having been sentenced to more severe punishment than the fine; and (d) the background leading to the instant crime; and (c) the Defendant’s age, occupation, and all other matters concerning the sentencing specified in the records and arguments of the instant case, the Prosecutor’s assertion on this part of

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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