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(영문) 대전지방법원 2014.11.27 2014노989
사기
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor of mistake of facts (as to the acquittal portion), the court below erred in misunderstanding of facts while finding the Defendant not guilty, even though the Complex MRPS, which suffered from the traffic accident on March 21, 2008, was completely cured in the middle of June 2010 through continuous medical treatment. However, even if the Defendant was found to have claimed insurance money from July 22, 2010 to December 29, 201 and acquired it by fraud, such as Samsung Fire Insurance Fees, the court below acquitted the Defendant.

The sentence of unfair sentencing (one million won of a fine) in the original judgment is too unfeasible and unfair.

Judgment

The judgment of the court below on the assertion of mistake of facts: the defendant diagnosed as a type 1 after a traffic accident on March 21, 2008 and tried to provide a variety of treatment methods; however, chronic pain and non-brucated symptoms continued even after the police officer in June 2010; the pain and aggravation continued to be repeated; even until now, the Ministry of Health and Welfare is receiving pain treatment, such as the control of narcotics diseases, and the Kenya Chovasc’s Clovasception, etc.; the Suwon District Court Decision 2011Ga2615 decided April 2, 2013, which had been implemented on April 2, 201, the patient's physical examination results, but the patient's daily life was diagnosed as a type 1, CRPS, but the chronic pain and aggravation symptoms continued; the patient's symptoms continued to have been repeated; and the patient's symptoms and symptoms appeared as a whole, and the patient's symptoms were not widely known and medically known, and the patient's symptoms and the patient's symptoms of chronic bru appears appears.

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