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(영문) 서울동부지방법원 2020.11.12 2020노475
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances, it is reasonable to deem that the Defendant had an intentional intent to acquire insurance money, but the lower court found the Defendant not guilty of the facts charged of this case is erroneous in misapprehending the facts.

According to the statement in the investigation agency and the court of the court below, even though there was no particular accident, the defendant was born to the above hospital through the J on the invitation of the C Council members on the ground of chronic timber and lusence.

B. The Defendant received a medical treatment from C Council members over 30 times, and only received a medical treatment from a doctor only at the time of the first hospital visit, and thereafter did not receive a medical doctor once again.

C. The Defendant settled a water treatment program equivalent to KRW 10 million by credit card, which seems to be considerably higher than the water treatment cost of another hospital.

피고인은 C 의원에서 태반주사, 칵테일 주사, 신데렐라 주사 등 상당한 횟수와 비용의 미용치료를 받았으나, 병원으로부터 받은 영수증에는 미용치료 내역이 빠져있었다.

Although the defendant knew that cosmetic surgery is not subject to loss insurance, he requested the victim to pay insurance money based on the above receipt.

2. In full view of the circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that it is difficult to view that the evidence alone submitted by the prosecutor alone was insufficient to prove that the Defendant had obtained insurance proceeds to the extent that there is no reasonable doubt by deceiving the victim.

The Defendant visited C Council members by receiving introduction as it is not good for hump, shoulder, shoulder, etc., and received medical treatment from the K president, and received hump treatment, and then received hump treatment. On the horse that pre-payment of the hump treatment program, a prior settlement has been made with a card to provide services, and a witness H who consulted with C Council members.

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