logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.10.22 2013노2797
사기등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 15,000,000.

Reasons

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants (Defendant A: fine of KRW 20 million; fine of KRW 8 million for Defendant B; fine of KRW 5 million for Defendant C; fine of KRW 5 million for Defendant D; and fine of KRW 15 million for Defendant D) is too unreasonable.

According to the evidence submitted by the prosecutor, it is sufficient to recognize the Defendants as a crime of aiding and abetting fraud.

Each sentence of the lower court on the Defendants of unfair sentencing is too uneasible and unfair.

Judgment

The judgment of the court below on the prosecutor's assertion of mistake of facts as to the defendant A, B, and C in this case should have recognized that, at least in order for the defendants to recognize the intent of aiding and abetting the above patients, the defendants were engaged in false hospitalized treatment to claim insurance money, and that the certificate of entrance release issued under their names was used to the insurance company for the patient's claim for insurance money. However, in the instant L hospital including the defendants, the defendants did not separately ask or grasp the patient's life insurance or accident insurance when the patient is hospitalized, ② there was no fact that the insurance company's employees visited the instant L hospital in connection with the insurance accident, and ③ there was no question or investigation about the insurance accident by visiting the instant L hospital, ③ among the patients of the defendant A, it was difficult to view that the defendant A was aware of the fact that the documents issued by him were used to claim insurance money. However, it is difficult to view that the evidence submitted by the prosecutor that the above patients were false in order to claim medical treatment under the name of the insurance company.

arrow