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(영문) 전주지방법원 2019.10.23 2019노997
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A is not guilty. Defendant B and C of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s grounds for appeal 1) misunderstanding of facts merely received hospitalized treatment according to his opinion because the actual body is not good. Defendant A received hospitalized treatment even if there was no need for hospitalized treatment, or he received long-term hospitalized treatment beyond the actual necessary hospitalization period, and then deceiving an insurance company, thereby deceiving the insurance company. Nevertheless, the lower court’s judgment convicting Defendant A of the instant facts charged against Defendant A is erroneous in misunderstanding of facts. (2) The lower court’s punishment of the lower court against Defendant A of unreasonable sentencing (three million won of fine) is too unreasonable.

B. In full view of the following, Defendant B and C’s grounds for appeal (as to Defendant B and C), as well as Defendant B, during the period of hospitalization, mainly received preserved treatment, such as physical therapy and pharmacologic treatment, and the fact that it appears that the actual treatment was not performed, and that the credit card was used and sent out several times during the duration of hospitalization, etc., the fact that Defendant B and C acquired the insurance money by receiving hospitalized treatment for a long time as necessary even if the actual need for hospital treatment was not required.

Nevertheless, the judgment of the court below which acquitted Defendant B and C of the facts charged in this case is erroneous in misconception of facts.

2. Judgment on Defendant A’s assertion of mistake of facts

A. Around January 8, 2007, Defendant A subscribed to a total of four goods, including D Co., Ltd.’s “E”.

Defendant

A is able to receive more amount of insurance proceeds without requiring hospital treatment, with the knowledge that the insurance products can receive more amount of insurance proceeds as long as they are hospitalized for a long time, as the fixed amount security, such as hospital allowances, nursing expenses, long-term hospitalization expenses, and specific disease treatment expenses are provided in duplicate by the products to which they have joined.

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