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(영문) 부산지방법원 2017.12.21 2014노1044
사기
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B for eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles, Defendants merely received hospitalized treatment necessary for the treatment of each term disease, and hospitalized according to medical judgment’s instructions, and there was no deception of the victimized insurance company.

B) As search and seizure by the police is detrimental to the nature of warrant requirement, medical records, details of credit card use, etc. constitute illegally collected evidence, and the data analyzing illegally collected medical records and the legal testimony of the nurse who analyzed them are all derived from the illegally collected evidence, and thus, it is inadmissible.

2) Each sentence of the lower court (Defendant A: 1 year of imprisonment with prison labor; Defendant B: 10 months of imprisonment) against the illegal Defendants is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Judgment on the Defendants’ misunderstanding of facts and misapprehension of legal principles

A. A summary of the facts charged in this case) The Defendant: (a) at G hospitals located in Kimhae-si on April 16, 2009, the G Hospital was suffering by the Defendant; (b) despite the disease requiring hospital treatment due to the lack of symptoms; (c) from March 20, 2009 to April 14, 2009, the Defendant was hospitalized for 36 days from April 29 to June 3, 2009; (c) from June 22, 2009 to July 23, 2009 to July 23, 2009; and (d) from August 17, 2009 to August 14, 2009 to the victim’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s insurance proceeds to Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s payment of Samsung life.

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