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(영문) 수원지방법원 2019.07.26 2019노2788
사기
Text

The defendant's appeal is dismissed.

Defendant paid KRW 83,953,120 to U.S. Co., Ltd. which is the applicant for compensation.

3.2

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was actually suffering from a number of diseases, and there was no intention to obtain insurance money for a long time since the Defendant merely received medical treatment based on a doctor’s judgment, but did not have been hospitalized for a long time by pretending false symptoms or adding minor symptoms.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and one-year compensation order) is too unreasonable.

2. Determination

A. In the lower court’s determination of mistake of facts, the Defendant asserted the same purport in the trial, and the lower court, based on the evidence duly admitted and investigated, found the Defendant guilty of the instant charges by recognizing that the Defendant was guilty of the instant charges, by recognizing the criminal intent of defraudation, after being hospitalized for a long time more than necessary for a disease that is far shorter than the actual hospitalization period or for which only the hospitalization of the period is much shorter than the actual hospitalization period, and by claiming the insurance money corresponding to the hospitalization period, and by claiming the insurance money equivalent to the actual payment.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendant, as otherwise alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for compensation of U.S. corporation which is the applicant for compensation is with merit. Thus, the defendant is the defendant under Articles 25 (1), 31 (1), 31 (2) and (3)

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