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(영문) 춘천지방법원 2018.08.10 2017노298
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Progress of the judgment of the court below on the first instance

A. The first instance court found the Defendant guilty of all the facts charged and sentenced the Defendant to a suspended sentence of two years for a year.

B. Although the Defendant appealed against the lower judgment, the Defendant did not submit the reasons for appeal within the submission period of the reasons for appeal.

On the other hand, the prosecutor applied for the amendment of the indictment to the effect that the victim was paid a sum of KRW 4,746,530 in the attached list of crimes related to the change of subparagraph 2-B of the facts charged prior to the remand as follows, and that the victim was paid a sum of KRW 4,746,530 in the name of medical care benefits for seven patients. The prosecutor permitted the second instance prior to the remand.

[Attachment 2-B] Around May 2012, the Defendant filed a claim for medical care-oriented travel expenses against the Victim Corporation, on the ground that M was hospitalized by E Council members referred to in paragraph (1) from May 2, 2012 to May 21, 2012 due to pains and disorders after a bridge surgery.

However, in fact, M did not have continued to receive hospital treatment for the above period after visiting the hospital for several times during the above period.

The Defendant filed a claim for medical care benefits for 7 patients who did not receive hospitalized treatment with the Corporation as shown in the attached Table 3 table of crimes, including the remittance of KRW 522,720,00 from the victim Corporation as a part of the medical care benefits for M, and received KRW 4,746,530 in total from the victim Corporation for the said 7 patients as the medical care benefits for the said 7 patients.

Accordingly, the defendant was given property by deceiving the victim to the Corporation.

(c)

The judgment of the court below was reversed as the case before the remand changed due to the changes in the indictment. Of the revised charges, the defendant was 697,740 won as the medical care benefits for CR from the victim Corporation.

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