(영문) 부산지방법원 2017.08.10 2017노1508 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2017.08.10 2017노1508

사기등

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

A and C shall be subject to each of the above penalties.

Reasons

1. The lower court’s punishment (the Defendants: KRW 3,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case, based on the judgment, is committed by the Defendants by deceiving the victims of the National Health Insurance Corporation by unlawful means, and by deceiving them with an amount equivalent to KRW 88 million. In light of the content of the crime and the amount of defraudation, in particular, the crime of this case is committed by deceiving the public funds of the National Health Insurance Corporation, thereby disturbing sound medical order and causing damage to the general public, who is the insured, ultimately causing damage to the general public.

However, Defendant A and C shall be deemed to be unfair by taking into account the following circumstances: (a) the confession of the instant crime was made; (b) there was no record that the Defendants were punished for the same crime; (c) the Defendants appears to have returned the amount of defraudation to the victims; (d) Defendant A and C had already been subject to an administrative disposition of business suspension; and (e) the disadvantages of administrative disposition to be taken by the Defendants A and C in the future are not easy; and (e) other circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendants’ age, sexual behavior, environment, etc., were taken into account, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and C: Each elderly person’s provision of Article 67(2)2 of the Long-Term Care Insurance Act (the point of being denied for long-term care benefits).

유사 판례

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-부산지방법원 2018.05.16 2018고단620

-인천지방법원 2017.11.30 2017고단6469