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(영문) 서울남부지방법원 2020.01.09 2018노2046
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) With respect to the remainder of fraud and attempted fraud except for the insurance fraud part related to the violation of the duty of disclosure, the Defendant did not engage in all fraudulent acts with respect to the necessity of hospitalization or the period of proper hospitalization, and there was no criminal intent with respect to defraudation. 2) Insurance money related to AC out of each insurance money listed in the attached crime list of crimes (2015 highest 5091) as stated in the judgment of the court below is unrelated to the hospitalization period, since the insurance money related to AC is unrelated to the so-called hospitalization medical expenses (involuntary hospitalization expenses, etc.). Therefore, as long as each of the instant deceitful acts in this case calculated the hospitalization period in improper manner, it is not established

3) In the case of each surgery insurance money listed in the separate list of crimes (2016 highest 4816) No. 4,50 per annum 4,50,000 won, each of which is the problem in the instant case, is irrelevant to deception (the necessity of hospitalization or the proper hospitalization period). B. The punishment sentenced by the lower court of unfair sentencing (three years of imprisonment) is too unreasonable. 2. An ex officio determination prosecutor made an application to delete the amount of money listed in the separate list of crimes (2015 highest 5091) No. 3, one year, 24,95,384 won, ACAL No. 11,370,583 won, APP 1,587,560 won, AM 12,50 won, AM 194,641 won, 1834, 3691, and 212, 360 per annum, one and six days per annum, 215, and one and one and six days per annum.

The Defendant, from July 200 to July 200, purchased nine insurance contracts with three insurance companies, including B, from February 12, 2007, was hospitalized as urology from February 12, 2007 to October 20, 2014.

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