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(영문) 대전지방법원 2017.11.30 2016노2773
사기
Text

All appeals by the Defendants are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the conviction of Defendant C), ① the doctor of the hospital hospitalized by the Defendant appears to have recommended the Defendant to be hospitalized on the basis of various examination results, the degree of pains, etc. ② each doctor in charge prescribed pharmacologic and physical therapy during most hospitalization periods, ③ the Defendant was faithfully receiving the treatment, ③ there is no one person who was punished as a crime of preparation of a false diagnosis among the doctors who prepared a written diagnosis against the Defendant. In light of the fact that the Defendant received hospitalized treatment according to the direction of the doctor in charge, and thus, the Defendant cannot be punished for fraud.

B. The sentence that the court below sentenced the Defendants (Defendant C: fine of 12 million won; fine of 4 million won for Defendant A; fine of 12 million won for Defendant B: fine of 12 million won) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant as to the defendant C's assertion of mistake of facts on the ground that the above defendant asserted the same as above, and the court below rejected the above assertion by stating in detail the above defendant's assertion under the title "the judgment on the defendant C's assertion".

In light of the circumstances described in the judgment below, even if the above defendant was hospitalized upon the recommendation of the doctor who treated the above defendant, this is merely due to the fact that the above defendant caused the doctor to mislead him of the necessity of hospitalized treatment against the defendant by means of exaggerationing his symptoms, etc. (for this reason, only the doctor who prepared the medical certificate against the above defendant did not be punished as a crime of preparation of a false medical certificate). Thus, the judgment of the court below is justified, and it is just and it is so argued that such circumstance does not affect the establishment of the crime of this case.

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