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(영문) 수원지방법원 2018.04.13 2017노6141
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor (misunderstanding of facts) is recognized as the fact that the defendant received non-competence treatment, etc. at this hospital according to F, H, and G’s statement and the above hospital’s physical form analysis table and non-competence management set against the defendant, etc.

The Defendant knew that the cost of medical care is not eligible for the amount of insurance proceeds of the lost insurance, the Defendant, despite being aware that it is not eligible for the amount of insurance proceeds of the lost insurance, deceiving the damaged insurance company to pay the amount of insurance proceeds.

Nevertheless, the judgment of the court below that acquitted the defendant on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged is erroneous.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is that the Defendant, who is an employee of C Company, was a patient of E Ma in Sung-gu, Sung-nam-si.

The Defendant was able to claim and pay medical expenses paid for the purpose of treating a disease. However, the Defendant was aware that expenses for beauty art purposes, such as skin management, etc., are not subject to the payment.

Nevertheless, the Defendant, in collusion with E-type outdoor surgery and president F, provided dental treatment for the purpose of beauty art including treatment to resolve only the skin beauty and rain using laser, and submitted a false receipt to the insurance company to receive insurance money as if he received the false receipt.

On September 10, 2014, the Defendant came to know that the Defendant, who was admitted to the E-type department and consulted, can undergo a correction procedure with the E-type department and receive the cost by claiming for the loss insurance.

Therefore, the defendant is expected to undergo a brupt management procedure, such as 20 times for correction and kynasium, high wave, mathum, middle wave, brub, etc.

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