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(영문) 부산지방법원 2012.10.18 2012노1677
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants were hospitalized in the actual hospital in accordance with a doctor's diagnosis that there is a need to be hospitalized in the hospital due to a disease (e.g., spine chronism, conical disorder, ductal disorder, etc.) which entails a considerable pain, and received the treatment of the disease faithfully. In inevitable cases, the Defendants were allowed to leave the hospital with the permission of the hospital. In addition, even though there was no fact that the Defendants got the insurance company by deceiving the insurance company as if they were hospitalized and received the hospitalized treatment as shown in the facts constituting the crime in the judgment below, the judgment of the court below convict

2. Determination:

A. “Hospitalization” refers to the act of exercising the right to exercise the right and the act of deception belonging to the means of deception as a whole to the extent that such deception can not be acceptable as a means of exercise of the right under social norms, in a case where continuous observation is necessary with respect to side effects or incidental effects of drugs which are very low or invested in the patient’s disease, the act of exercising the right to exercise the right to exercise the right is a crime of fraud if it is necessary to continuously observe the nutritional conditions and the effect of the incidental effects of drugs, and the management of drugs and drinking food is necessary, and thus it is necessary to continuously conduct the administration of drugs and drinking foods, etc. and thus the patient’s pains are in a situation where the patient’s condition is unable to cope with the pains or where the patient’s risk of infection exists.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with the intention to acquire a large amount of insurance money than the insurance money that can be actually paid due to the climaticization, the whole insurance money received shall be

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