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(영문) 대구지방법원 2016.07.20 2015노4702
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. It is recognized that the judgment of the defendant is the first offender who repents his mistake, and that the amount equivalent to the amount of fraud has been recovered.

However, the crime of this case is committed by acquiring public funds of the National Health Insurance Corporation, such as the National Health Insurance Corporation, by using professional knowledge by the intent of the professional official, which disturbs sound medical order, making the finances of the National Health Insurance Corporation, etc. poor, thereby causing damage to the general public who is an insurance policyholder, and ultimately, having committed the crime more than 2800 times for a prolonged period of up to 3 years, and taking account of the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is deemed to be unfair because it is too uneasible.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (the favorable circumstances of the reversal company as seen earlier) is above.

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