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The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for five months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A and D (Defendant A: Imprisonment with prison labor for 5 months, and Defendant D: imprisonment with prison labor for 4 months) is too unreasonable.
B. According to the evidence submitted by the prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (Fraud), the fact that the defendants obtained insurance money by false hospitalization for a long time even though the defendants did not suffer any injury or suffered minor injury can be acknowledged.
(2) The lower court’s sentence against Defendant A and D is too uneasible and unfair.
2. The lower court found the Defendants not guilty on this part of the charges based on the evidence submitted by the prosecutor, based on the following: (a) the Defendants subscribed to several insurances at a certain time; (b) the Defendants subscribed to the insurance for several years consecutively; (c) Defendant A and B provided medical treatment for a long time in the case of Defendant A and B; (d) the Defendants actually resided in the sick room during the hospitalization period in light of the Defendants’ mobile phone dispatch base station location, etc.; (c) the Defendants could not be readily determined that sufficient medical treatment was possible; (d) the Defendant’s credit card was used outside the hospital during the hospitalization period; (d) the Defendants’ credit card was partially used outside the hospital; (e) the Defendants did not appear to have been hospitalized; and (v) the Defendants stated that the doctors who provided the Defendants were hospitalized by their own expert judgment; and (vi) the Defendants presented the opinions on the normal hospitalization period based on the medical records of the Defendants; and (v) the Defendants were hospitalized to the extent that the Defendants had been hospitalized by their decision to respect directly the Defendants at the time of hospitalization.
According to the records, the court below's above.