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(영문) 인천지방법원 2015.02.06 2014노3761
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts actually suffered injury and faithfully received hospitalized treatment according to the doctor’s instructions, the Defendants deceiving the victim.

No intent may be deemed to exist on the part of the Defendants.

B. The sentence against the Defendants (Defendant A: a fine of 1.5 million won, Defendant B: a fine of 2 million won, Defendant C: a fine of 7 million won) by the lower court is excessively unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, it is recognized that the Defendants deceptioned victims as if they had received normal hospitalized treatment during the period of hospitalization, even though they did not undergo normal hospitalized treatment, and that they had been aware of such intent and awareness.

The Defendants’ assertion of mistake is without merit.

1) A) Examining Defendant A’s monetary content, Defendant A’s call was made in the base countries located in the Bupyeong-gu Incheon Metropolitan City, Incheon Gyeyang-gu Operation Dong, Incheon Gyeyang-gu, and the Namdong-dong, Namdong-gu, Incheon, almost every day during the period of hospitalization, and it does not seem to have received hospitalized treatment.

In addition, A was not the head of the team at the instant Council member, and A was sent to the Myeon Office, Women's Association, and hospital specialized in surgery, and was paid KRW 700,000 per month for the role of promoting the instant Council member and received incentives in return for attracting patients.

B. In light of Defendant B’s monetary content, the Defendant sent a telephone call during the period of hospitalization in the like Dong-dong, Bupyeong-gu, Incheon, and Dong-dong, Seocheon-si, Seocheon-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Hongcheon-gun, Northwest-si, and Dong-si, Hongcheon-si.

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