(영문) 광주지방법원 2017.01.11 2016노1648 | 리걸엔진

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Reasons

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자간(%)

(영문) 광주지방법원 2017.01.11 2016노1648

사기

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (misunderstanding of facts) received the necessary hospitalized treatment and received the insurance premium lawfully accordingly.

Therefore, the defendants got the insurance money by deceiving the insurance company.

subsection (b) of this section.

B. The prosecutor (unfair sentencing) sentenced by the lower court to the Defendants (i.e., the 6-month suspended sentence; (ii) the 2-year suspended sentence to the 6-month imprisonment; and (iii) the 2-year suspended sentence to the 8-month imprisonment) is too uneasible

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendants’ assertion, the lower court can fully recognize the facts charged of the instant case.

Therefore, the Defendants’ assertion is without merit.

① The Defendants were married in a de facto marital relationship and were in bad credit standing for about ten years.

② However, from 208 to 2010, the Defendants, who subscribed to 11 insurance, paid 742,700 won or more in the month of insurance premium.

③ After analyzing the medical records of the Defendants, U medical analysis staff sent a reply to the non-life insurance association to the effect that “the Defendants did not have any significant meaning of hospitalized treatment during the period of hospitalization as indicated in the annexed crime list as indicated in the judgment below, and it was difficult to understand that the Defendants appealed for the above period, and the symptoms the Defendants sent were able to sufficiently cure only with the pain treatment (Evidence No. 401 to 595 pages).” (4) The Health Insurance Review Board presented a review opinion that the Defendants were not adequate for hospitalized treatment during the period of hospitalization as indicated in the annexed crime list as indicated in the judgment below (Evidence No. 600 to 603 pages). (5) The Defendants were unable to go out of the hospital or to have a sick room during the period of hospitalization (Evidence No. 600 to 603 pages).

⑥ The Defendants were hospitalized in the same hospital for the same period in total seven times.

(b) prosecutors;

유사 판례

-인천지방법원 2015.02.06 2014노3761

-서울북부지방법원 2017.12.13 2017고단81

-인천지방법원 2015.11.04 2015고단4410

-광주지방법원 2013.02.20 2012고단385

-광주지방법원 2014.10.29 2014노2108