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(영문) 수원지방법원 2015.07.08 2013노6332
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant merely received the insurance money after undergoing hospitalized treatment according to a doctor’s diagnosis, and is not hospitalized as an intention of deceiving an insurance company and acquiring the insurance money.

B) The result of the medical analysis conducted by the Defendant for the preparation of the Korean Medical Research Institute (hereinafter “the analysis by the Korean Medical Research Institute”).

(C) Nevertheless, the court below erred by misapprehending the fact that the defendant was not in need of hospitalization on the facts charged of this case and erred by misapprehending the fact that the court below convicted him of the facts charged of this case, which affected the conclusion of the judgment.

2) The decision of the court below on the unfair sentencing [4 months of imprisonment with prison labor for a crime No. 1 through No. 7 of each year listed in the annexed list 1 of the original judgment, No. 8 through 18, No. 19 [the victim Esuameral, Fire and Marine Insurance (State), interesting country fire and Marine Insurance)] of the annexed list 1 of the crime indicated in the judgment of the court below, No. 20, No. 21, No. 22 of the year [the victim Esuameral, Fire and Marine Insurance (State), interest country fire and Marine Insurance), interest country marine insurance] of the crime, eight months of imprisonment with prison labor for the crime, No. 19 [the victim KDB life insurance (State), life insurance (State), life insurance), no. 22 of the annexed list of the judgment of the court below, no. 22 of the victim [the victim], no. 22 of the damage insurance (State life insurance) of the year, no. 43 weeks] of imprisonment with prison labor or life insurance, no.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The defendant is also willing to acquire insurance money by deceiving an insurance company, only after he actually received hospitalized treatment by suffering from an injury due to a traffic accident, disease, etc.

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