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(영문) 창원지방법원 2015.06.24 2014노2981
사기등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since each of the punishments (three years of suspended execution in two years of imprisonment, and two years of suspended execution in one year of imprisonment) declared by the court below is too unfilled.

2. Each of the instant crimes committed by the Defendants committed a medical act in collusion with the Defendants without a medical doctor’s license; Defendant A applied for medical care benefits as if the victims had performed a whole operation; Defendant A had induced patients by paying patient introduction expenses to taxi officers, etc.; and there are unfavorable circumstances, such as the nature of the relevant crime; however, Defendant A led the Defendants to a confinement life for a considerable period of time; Defendant A led the relevant patients to a doctor, and there is no health problem from the relevant patients; even if all of the medical care benefits paid by the victim were to be legally stolen, insofar as Defendant A performed a whole operation, it cannot be readily deemed that the entire medical care benefits were actual damage amount; Defendant B did not have any previous criminal record beyond a fine; Defendant B did not have the first offense; and Defendant B paid expenses for patient introduction; and Defendant A did not have the motive and form of imprisonment with prison labor; Defendant A’s motive and form of imprisonment with prison labor; and Defendant A’s motive and form of imprisonment with prison labor; and Defendant A’s motive to commit the instant crime cannot be deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and all of the appeals are made in accordance with Article 364 (4) of the Criminal Procedure Act.

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