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(영문) 대전지방법원 2016.05.19 2015노3738
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 5,000,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each of the Defendants (ten months of imprisonment with prison labor, two years of suspended sentence) is too unreasonable.

B. Each of the original judgments by the prosecutor is too uneasible and unreasonable.

2. The Defendants repeatedly committed the crime of defraudation through a considerable period of time, and the amount of defraudation is not so big, and the financial burden of the National Health Insurance Corporation due to fraudulent claims such as the crime in the judgment, thereby increasing the burden of the people is disadvantageous to the Defendants.

However, in full view of the following facts: (a) the Defendants are against the Defendants; (b) the medical corporation’s total amount of damage acquired by the E Medical Foundation was deposited for the National Health Insurance Corporation; (c) Defendant A did not have any history of punishment exceeding a fine; and (d) Defendant B had favorable circumstances for the Defendants, such as the primary offender; and (c) other sentencing conditions, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions, such as the circumstances after the crime, each sentence of the lower court

3. As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the Defendants who choose a sentence: Articles 347(1) and 30 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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