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(영문) 광주지방법원 2014.07.30 2014노579
사기
Text

The judgment below

Part concerning Defendant A, B, and D among them shall be reversed.

Defendant

A and Defendant B shall be punished by imprisonment of one year and eight months.

Reasons

Summary of Grounds for Appeal

Since there was a need for surgery and hospital treatment, and there was no intention to commit fraud of insurance money, the judgment of the court below is erroneous in the misapprehension of facts.

The lower court’s respective sentence against the Defendants on the following grounds of unfair sentencing is too unreasonable.

Defendant

A: Defendant B of two years of imprisonment: 3 years of suspended execution in one year and six months of imprisonment; 160 hours of community service work Defendant C: fine of 7 million won: the lower court’s sentence against Defendant B of two years of suspended execution in August 1, 200 of imprisonment and the lower court’s sentence against Defendant B of two years of suspended execution is too uneasible.

Judgment

Of the facts charged against Defendant A and B, the summary of this part of the facts charged in this part of the attached Table Nos. 25 of the judgment of the court below regarding the Defendants’ assertion of mistake of facts, Defendant A, knowing that there was no injury inflicted by Defendant B or that there was no need for the hospitalized treatment, recommended Defendant B to claim insurance proceeds from an insurance company after receiving the hospitalized treatment. Defendant B conspired to claim insurance proceeds after receiving the aforementioned recommendation from Defendant A, even though there was no injury or there was no need for the hospitalized treatment, and Defendant B conspired to claim insurance proceeds after receiving the hospitalized treatment at the hospital.

Accordingly, Defendant B was hospitalized into AF Hospital on March 10, 201, and was hospitalized for 44 days until April 22, 2011, and received a written confirmation of hospitalization, etc. as “fele scare scare scare scare scare on the left side” and filed a claim for insurance payment based on the above diagnosis name on April 27, 201.

However, Defendant B did not have received normal hospitalized treatment for 44 days since there was no disease to the extent that he should receive hospitalized treatment.

As can be seen, the Defendants deceptioned the victim insurance company and received KRW 3,955,450 from the victim on April 29, 201.

As a result, the Defendants conspired to do so, and the attached Form.

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