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(영문) 창원지방법원 2020.01.09 2018노531
사기
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was hospitalized according to a doctor’s diagnosis that the actual occurrence of a disease requires hospitalized treatment, and was actually hospitalized, and there was no fact that the victims who are an insurance company had been deceiving or obtained insurance proceeds

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

2. Determination on the grounds for appeal

A. In a case where continuous observation by a medical personnel is required in relation to side effects or incidental effects of a patient's disease which are very low or administered, where the management of the patient's pains and food and plant needs to be continuously conducted, the patient's pains are in a situation where the patient's condition is unable to cope with the patient's condition, or where the patient's risk of infection exists, etc., and the patient is staying in the hospital and receiving medical treatment. In accordance with all the provisions of the "Detailed Rules on the Standards and Method for Application of Medical Care Benefits" as notified by the Ministry of Health and Welfare, the patient is staying in the hospital for more than 6 hours and receiving medical treatment under the observation and management of the medical personnel. As such, the patient's act of having the patient undergo medical treatment not only falls under the hospital treatment but also the patient's symptoms, diagnosis and treatment details, and actions of the patient, etc., but also the patient's act of claiming for a long-term hospitalization without notifying the patient of the need for hospital treatment.

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