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(영문) 의정부지방법원 2017.07.24 2017노803
사기
Text

The judgment of the court below is reversed.

The Defendants, not guilty, disclose the summary of the judgment on Defendant A, B, and D.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, C, and D (misunderstanding of the facts) were injured due to a traffic accident and required for hospital treatment, and there was no omission of receiving the insurance money through hospital treatment by exaggerationing the symptoms (in the case of Defendant C, there is also the same content as the grounds for appeal). (b) Defendant E is guilty of the fact that the Defendant was injured due to a traffic accident, and there was a need for hospital treatment, and there was no omission of receiving the insurance money through hospital treatment by exaggeration of the symptoms.

2) The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The summary of the facts charged is the patients hospitalized in the Eunpyeong-gu Seoul Metropolitan Government “Liwon” from August 16, 2013 to March 9, 2015.

Although the Defendants were not an injury to receive treatment by being hospitalized at a hospital, but an injury that can be treated by hospital, the Defendants were willing to be hospitalized with the knowledge that Lindian for the purpose of deceiving insurance money is easily hospitalized by traffic accident and disease patients.

1) From January 6, 2015 to January 12, 2015, the Defendant was hospitalized in Hanwon for a total of seven days as a result of a traffic accident, and was hospitalized in a total of seven days. On January 2, 2015, the traffic accident (Collision) occurred after the special distance after the Seoul office building of the government office building of Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul. From January 6, 2015 to January 12, 2015, the Defendant complained of pains, such as pains and pels, etc. (seven days) and was paid from the insurance proceeds from the insurance proceeds from the insurance proceeds of the damage insurance company of the Guro-gu, 1,997,130 won (or KRW 597,130,130, 140,000).

2) The Defendant C was hospitalized at Hanwon from February 26, 2015 to March 9, 2015 due to a traffic accident and was hospitalized for a total of 12 days, and the Defendant was hospitalized for a total of 12 days, and the Defendant was spawn-gu Goak-gu, Youngdong on February 25, 2015.

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