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(영문) 의정부지방법원 2018.01.18 2017노2679
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the injured insurance company of the facts charged in this case, although the defendants could sufficiently recognize the fact that the injured insurance company was guilty of insurance money by being hospitalized for a long time as long as necessary. The court below erred by misunderstanding the facts or

2. Determination

A. The lower court determined that the Defendants acquired insurance money through deception by committing excessive hospitalization only on the sole basis of the evidence presented by the prosecutor.

For the reason that it is difficult to conclude it, the Defendants were acquitted.

B. In full view of the evidence duly admitted and examined by the lower court and the first instance court, the following circumstances can be acknowledged.

According to the above, as seen below, as long as the Defendants received hospitalized treatment under the direction of F, etc., which is a doctor, they were proven without any reasonable doubt that they deceiving or conspired with the intent.

Therefore, the judgment of the court below that acquitted the charged facts of this part on the ground that there is no proof of crime is justified in its conclusion.

Therefore, the prosecutor's above assertion is without merit.

1) In treating a patient, barring any special circumstance, such as whether a doctor is sufficient to treat the patient as a patient, whether there is a matter of determination with expert knowledge that requires hospital treatment, and where a patient has received hospital treatment upon the doctor’s instructions, the patient cannot be held liable for the suitability of hospital treatment for the patient, unless there exist any special circumstances, such as where the patient was made to mislead the doctor to the extent that the patient’s judgment was misjudgmented, or has received unnecessary hospital treatment in collusion with the doctor.

2) In the case of partial hospitalization during the period of hospitalization as indicated in the facts charged of the instant case, according to the research report on the Defendant A of the Victim’s Life, the written subscription at the time of the purchase of the insurance policy.

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