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(영문) 서울남부지방법원 2018.04.20 2016노2378
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) the Defendants reported false insurance accidents with intent to obtain insurance money, or distorted the degree of injury caused by the insurance accident, and did not receive or demand excessive insurance money compared to actual damage for this reason.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case, which erred by misapprehending the facts or by misapprehending the legal doctrine.

2. The lower court found the Defendants guilty of all the charges of this case as follows.

Judgment on the Defendants and defense counsel's assertion

1. The Defendants and the defense counsel asserted that the Defendants received excessive hospitalized treatment by the intent to obtain insurance money from the Eastern fire marine insurance (hereinafter “ Eastern fire”) or even though the Defendants did not need hospitalized treatment.

It is difficult to conclude that the Defendants’ hospitalized treatment has reached the extent that they cannot be accepted as a means of exercising their rights in light of social norms.

2. Determination

A. The relevant legal doctrine refers to where continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs, which are very low in resistance to or are administered by the patient’s disease, and where management of nutritional conditions and food and drinks is required, and thus, it is necessary to continuously administer drugs and take care of the patient’s pains, and thus, the patient’s patient’s pains rather inconvenience in treatment, or where the patient’s condition is in a situation where the patient is unable to cope with pains or where the patient’s risk of infection exists, etc., and the patient suffers from treatment while staying in the hospital. Accordingly, the patient’s observation and management of the medical personnel while staying in the hospital for at least six hours pursuant to all the relevant provisions including “detaileds on the criteria and methods for applying the Medical Care Benefits”, which is the

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