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(영문) 광주지방법원 2019.05.28 2018노3854
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely received hospitalized treatment normally due to the necessity of hospitalization due to the actual disease, but did not have the intent to obtain fraud.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The relevant legal principle as to the assertion of misunderstanding of facts refers to the case where a continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs which are very low in resistance to a disease or are administered, where the management of nutritional food and beverages is needed, and it is necessary to continuously implement medication treatment, etc., and thus, the patient’s pains rather inconvenience in treatment, or where the patient’s condition is in a state of being unable to cope with pain or is in danger of infection, etc., where the patient stays in the hospital, and where the patient is being treated while staying in the hospital for more than 6 hours under the observation and management of the medical personnel, according to all the provisions such as “detailed matters on the criteria and method for the application of medical care benefits” as publicly notified by the Ministry of Health and Welfare, the patient’s act of receiving medical care under the surveillance and management of the medical personnel. Thus, the act of claiming for a long-term hospitalization of more than 207 insurance company without considering the need for hospitalization as well as the case where the patient’s substance falls under hospital treatment treatment.

Even if this can be paid in fact by means of globalization.

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