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(영문) 의정부지방법원 2015.06.16 2015노467
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts charged in the case of misunderstanding of facts or misunderstanding of legal principles, the Defendant was actually hospitalized in the E Council due to the need for hospitalized treatment and received medical treatment, and the Defendant did not deceiving each insurance company as stated in the facts charged, thereby deceiving the insurance proceeds.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant, as recorded in the facts charged, made a false document of hospitalization without undergoing hospitalized treatment at the continued hospital, is sufficiently recognized.

1) Since 2007, the transfer of the instant case, the Defendant received treatment for the knee and tensions, etc., and was diagnosed and treated by the Gangwon-do Hospital from September 24, 201 on the ground that he had been in full conditioned with knee and kneeee. from September 24, 201, the Defendant was diagnosed and treated by the Gangwon-do Hospital from around September 201. (2) The Defendant was operated in the form of so-called “the head of the office hospital” by employing K, L, and attracting false patients, and directly checking or directly diagnosing the records or diagnosis provided by another hospital, and issuing a false medical certificate, etc. on the ground that K, K, and L operated the E in the above form. As such, the judgment became final and conclusive, and the Defendant also included the false list of patients of the instant case.

3) On the other hand, E E’s President H, Director I, and assistant nurse G are memorying the Defendant, and in the case of I, the Defendant stated that “the Defendant shall be memoryed with the walk that has been faithfully treated.”

B. However, I, however, is hospitalized in the investigative agency only because he/she is memoryed that the defendant was hospitalized several times.

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