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(영문) 대법원 2016.10.27 2016도11798
사기
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of all of the facts charged in the instant case on the grounds indicated in its holding. In so doing, the lower court did not err by misapprehending the legal doctrine on the specification of the facts charged

2. Examining the grounds of appeal by Defendant A and E in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the charges of this case against Defendant A and E are guilty, for the reasons indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without

3. Examining the grounds of appeal by Defendant F and G in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that all of the charges of this case against Defendant F and G were guilty on the grounds as indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the “requirements for payment of dietitians, cooks and selective group surcharges out of the health insurance benefits for hospital patients” and the intent of defraudation in fraud

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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