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(영문) 서울동부지방법원 2013.11.28 2013노220
사기
Text

All appeals by the Defendants are dismissed.

Defendant

A pays 4,890,770 won to the applicant for compensation.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below which found the Defendants guilty of all the facts charged of this case, although the Defendants were hospitalized at H Hospital normally and received treatment during each period specified in the facts charged in the judgment of the court below, and thereby affected the conclusion of the judgment.

2. Following circumstances acknowledged in accordance with the evidence duly adopted and examined in the judgment of the court below and the court of the trial, i.e.,: ① the president of the H hospital: (a) false diagnosis document; (b) fraud (or false documents are provided to the National Health Insurance Corporation; (c) fraud (or false diagnosis document and written confirmation of hospitalization are issued to the patients so that the patients can receive insurance money from the insurance company) and the prosecutor's office received an investigation; and (d) the prosecutor conducted sufficient discussions with the counsel on the basis of the data such as diagnosis fee, etc.; and (e) stated the false patient with the normal patient in the list of crimes presented by the prosecutor. Accordingly, the prosecutor tried to prosecute the patient who claimed by the F as normal in-patient; (b) the defendant was not included in the normal patient identified by F; and (c) the defendant was found guilty of the injury or any false diagnosis; and (iii) the defendant was also included in the judgment of the court below, and (e) the defendant was found guilty of the crime of fraud.

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