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(영문) 부산지방법원 2018.02.09 2017노3995
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (misunderstanding the facts) actually suffered from a disease and received hospitalization and treatment, and there was no intention to obtain insurance money.

B. The Prosecutor’s (unfair sentencing) sentence (one year of imprisonment and two years of suspended sentence) sentenced by the lower court is too minor.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the Defendant alleged in this part.

The court below rejected the defendant's assertion in detail, and determined that the defendant needs not be hospitalized or hospitalized treatment.

Even if the hospitalization period is less than the actual hospitalization period, it was sufficient to induce the victims by fraud.

The decision was determined.

In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower judgment, the lower court’s judgment is justifiable.

Therefore, the defendant's above assertion is without merit.

B. Regarding the prosecutor's improper assertion of sentencing, the court below is liable to a certain extent for the favorable circumstances (the damaged insurance company and the hospital that has induced patients) as stated in the reasons for sentencing.

In full view of all the circumstances in the arguments and records of the instant case, including the fact that the Defendant appears to have been suffering from multiple knee, knee, growth, etc., and the fact that the Defendant appears to have been suffering from multiple feel-related diseases, etc., and the unfavorable circumstances (such as the same type of power and the amount of deception is the maximum amount), the Defendant’s age character and character intelligence environment, motive means of the crime, circumstances after the crime, etc., the lower court’

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s allegation above is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.

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