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(영문) 부산지방법원 2017.08.17 2017노561
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the facts charged of this case, which was guilty of not deceiving the victimized insurance company and not knowing the private road for defraudation, because the defendant was hospitalized in a convalescent hospital because of the need for hospitalized treatment after the breast cancer surgery, was erroneous by misapprehending the legal principles, or by misapprehending the legal principles, which affected

2. Determination

A. The lower court’s judgment based on the evidence revealed as follows: (a) the Defendant registered to be hospitalized on January 7, 2015; (b) according to the communication details, the date of hospitalization and the mobile phone location of the Defendant’s cell phone following that date is not the instant hospital but the Defendant’s residence ( Busan Shipping Daegu H); (c) according to the communication details, the Defendant repeated the Defendant’s life returning to the hospital on a regular day during the hospitalization period (the Defendant’s purpose was to care for elementary school students with plastic disorder) and (b) the Defendant was hospitalized according to the doctor’s prescription to which the instant hospital belongs; (c) however, the instant hospital was a so-called office hospital and the majority of registered inpatients were “patient” or “patient from commuting to the hospital”; and (c) the JJ affiliated with the I was possible to analyze the medical records of the Defendant and treat the hospital.

In full view of the decision, it is recognized that the defendant was not in a situation to receive medical treatment due to hospitalization, and that he obtained the insurance money by receiving a prescription for hospitalized treatment even if he was in a situation sufficient to receive hospital treatment.

In view of the facts charged of this case, the charges of this case were convicted.

B. The following circumstances revealed by the evidence duly adopted and examined by the lower court in detail by the lower court, i.e., the Defendant from January 7, 2015.

5. up to June, 132 days of hospitalization, and examining the treatment details of the Defendant during the hospitalization period, the high-frequency heat therapy and injection treatment;

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