logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.23 2017노1268
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Progress of litigation;

A. The lower court acquitted the Defendant on the charge of evading compulsory execution as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, the Medical Service Act, and the Consumer Cooperative Act among the facts charged in the instant case.

On the other hand, the defendant appealed from the guilty part on the grounds that there is a mistake of facts about the violation of the Medical Service Act and the fraud related to G hospital and that the sentencing is unfair.

B. The judgment of the court below prior to remand accepted the prosecutor’s appeal as to the acquittal portion of the judgment of the court below and convicted the defendant, and the part of the judgment below’s conviction also reversed on the ground that the crime of escaping from compulsory execution newly recognized by the court below prior to remand and each of the crimes convicted by the court below should be sentenced as one of the concurrent crimes under the former part of Article 37 of the Criminal Act.

Accordingly, the Defendant filed an appeal on the violation of the Medical Service Act related to G hospital and the violation of fraud, and the violation of the rules of evidence and the misunderstanding of legal principles, and the prosecutor did not file an appeal.

(c)

The Supreme Court received an appeal as to the part of the defendant's crime of evading compulsory execution, and rejected the appeal as to the remaining part. However, the Supreme Court reversed the entire judgment of the court prior to the remanding of the defendant, and remanded the case to the court of the first instance, on the ground that the part of the crime of evading compulsory execution is subject to concurrent crimes under the Consumer Living Cooperative Act, the violation of the Medical Service Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violating the Act

2. Summary of reasons for appeal;

A. Defendant 1) In fact, the I Hospital (hereinafter “G hospital”) changed the name to “G hospital” on January 25, 2013, is merely established and operated by B, and the Defendant, a non-medical person, was not established and operated.

arrow