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(영문) 광주지방법원 2019.05.14 2018노3119
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal;

A. In full view of Defendant B’s statements and communications in Defendant B’s investigation agency, it can be recognized that Defendant B was hospitalized by false means.

Nevertheless, the court below erred by misapprehending the fact that Defendant B was acquitted.

B. In full view of Defendant F’s legal statement, Defendant F’s mother’s statement to AM’s investigation agency, Defendant F’s statement to seven-story nurses hospitalized by Defendant F, Defendant F’s excessive insurance content, etc., Defendant F’s false hospitalization can be acknowledged.

Nevertheless, the court below erred by misapprehending the fact that Defendant F was acquitted.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendants’ act of going out and staying out during the period of hospitalization is difficult to readily conclude that the Defendants were hospitalized with false appearance only by taking account of the following circumstances, and that the evidence submitted by the prosecutor alone cannot be deemed as proven to the extent that there is no reasonable doubt.

1) According to the Defendant B’s monetary record, most of the Defendant B’s instant currency during the period of hospitalization was found to have been made at a H hospital during which Defendant B had been hospitalized. In light of the fact that Defendant B had been staying out and staying outside the hospital during the period of hospitalization, and that some of the currency was made out of the hospital, but there was a change in the fact that Defendant B had been staying out and staying outside the hospital, the hospitalization would not be deemed to have been false. Defendant B appears to have been hospitalized at the five-story hospital rather than the seven-story level where most of the patients were false patients during the period of hospitalization. (2) According to the Defendant F nurse’s statement, according to the Defendant F nurse’s statement, most of the seven-story patients were hospitalized.

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