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(영문) 전주지방법원 2018.07.19 2018노573
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is sufficiently recognized in full view of the following: (a) the Defendant purchased multiple insurance policies within a short period; (b) the Defendant appears to have paid monthly insurance premiums equivalent to a higher amount than his monthly income; (c) the Defendant appears to have been hospitalized for 750 days for about five years due to a sufficient and sufficient medical treatment solely for a short period of time due to sufficient hospital treatment; (d) the Defendant is a person who actively hospitalized at a hospital despite the hospital’s solicitation or delivery; (e) reply as to the adequacy of the hospitalization and treatment of the Defendant prepared by the Health Insurance Review Evaluation Institute; and (e) the result of the analysis of the Japanese Medical Analysis Institute as to whether the Defendant was hospitalized in excess of the reasonable number of days of hospitalization.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous and has affected the conclusion of the judgment.

2. Determination

A. In full view of the circumstances revealed by the evidence duly adopted and examined by the court below, that is, the defendant received large amount of insurance money on the ground of long-term hospitalization since the long-term period of time has not yet passed after purchasing insurance policies, the defendant appears to have paid monthly insurance premiums equivalent to higher amount than his/her monthly income, the defendant's symptoms and records of medical treatment were analyzed several times, and there was a reply that the defendant appears to have been hospitalized more than the reasonable number of days of hospitalization, and the defendant was issued a favorable judgment in the case, such as the confirmation of invalidity of the victim non-life insurance contract against the defendant, and the above judgment became final and conclusive, it is sufficient for the defendant to be hospitalized in a short-term period.

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