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(영문) 울산지방법원 2017.10.13 2016노1712
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant suffered from the actual urology and received hospitalized treatment in accordance with the procedure suitable for the judgment of the principal of the D hospital due to the combination thereof, etc., and the defendant also claims insurance money within the extent guaranteed based on the above. Thus, the defendant cannot be deemed to have obtained insurance money through hospitalized treatment or has maliciously avoided insurance systems, but the judgment of the court below which found the defendant guilty of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.

2. Determination

A. The lower court found the Defendant guilty of the charges of this case on the following grounds: ① the insurance of this case, to which the Defendant was admitted, was 50,00 won per day of hospitalization, regardless of the content of the medical treatment, was derived from inducing the extension of the hospital treatment or the hospital treatment, regardless of the content of the medical treatment; ② the period of the hospital treatment subject to the Defendant’s claim for the insurance money, without any exception, for comparison with the ordinary treatment method or the treatment period according to a specific diagnosis order; ③ the patient’s symptoms or symptoms may vary depending on the patient’s symptoms or symptoms; however, even if the disease was the same, the treatment method or the treatment period may vary depending on the patient’s symptoms or symptoms; but, in fact, the Defendant cannot be deemed as the patient’s wife’s behavior that the Defendant had entered or visited at the time of outing and staying abroad, and the Defendant’s specific act that the Defendant had entered or visited the patient at the time of outing and staying abroad cannot be deemed as the patient’s wife, and ④ the specific symptoms and necessity of the hospital treatment period should be replaced within 30 days.

B. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court and the first instance court on the circumstances acknowledged by the lower court.

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