In order to temporarily gather the performance of the obligation for medical treatment expenses, even if the patient got out of the hospital and escaped, it can not be a fraud.

In order to be relieved of the performance of the obligation for medical expenses, even if the defendant got out of the hospital with his/her wife and escaped together with his/her wife, it is not a evasion of the obligation for the payment of the above medical expenses, so it cannot be a crime of fraud.

Article 347 of the Criminal Act

Defendant

Prosecutor

Busan District Court Decision 70No1235 delivered on June 3, 1970

The appeal is dismissed.

The reason for appeal by the Prosecutor of Busan District Prosecutors' Office is examined.

In light of the facts charged of this case, the defendant was hospitalized at the non-indicted 1's hospital and the non-indicted 2 at the non-indicted 1's hospital on May 13, 69, but there was no intention to pay KRW 17,000 of the medical expenses around May 18, 199, when the defendant went back to the hospital without any intention to pay KRW 17,00,000 of the medical expenses, and he was released from the hospital after returning to the hospital and paying the medical expenses. The defendant got away from the hospital and obtained pecuniary benefits equivalent to the same amount. According to the facts charged of this case, the defendant could not be deemed to have been prosecuted to the effect that the fact that the defendant got hospitalized treatment with his intent and ability to pay the medical expenses until the defendant escaped, while receiving the hospital treatment with his ability to pay the medical expenses, and thus, the defendant did not have been exempted from the obligation of fraud by misunderstanding the legal principles as above, and thus, it cannot be said that the defendant did not have been exempted from the obligation of fraud.

Therefore, the appeal shall be dismissed in accordance with Article 390 of the Criminal Procedure Act by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)