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(영문) 수원지방법원 2018.07.20 2017노2712
사기
Text

The judgment of the court below (excluding the part of an application for compensation order) shall be reversed.

The Defendants filed an application for compensation at the court of not guilty.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and mistake of the Defendants did not commit any deceitful act as being conducted hospital treatment by the solicitation or instruction of the doctor in charge, and there was no intention to commit the crime of defraudation of insurance money.

Even if the act of deception is recognized, there is no relation between the deception and the mistake of the insurer and the act of disposal.

Therefore, the lower court which found the Defendants guilty of the facts charged of this case erred by misapprehending the facts or by misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing (Defendant A: Imprisonment with prison labor for one year and two months, and Defendant B: imprisonment with prison labor for ten months) is too unreasonable.

2. Summary of the facts charged

A. Defendant A purchased a large number of insurance companies, such as Amera KCA, AIA life, Korean-style life, interesting country fire, modern sea, etc., in which the victims suffered damage, and Defendant A was not actually required to be hospitalized in the hospital, but was hospitalized in the hospital and received the insurance money, such as hospitalization allowances, from the victim company, and received such insurance money.

Defendant

A around July 3, 2011: (a) was injured at the end of the day from July 3, 201; (b) was hospitalized at a hospital to receive treatment; (c) was hospitalized at the hospital for 39 days from July 4, 2011 to August 11, 201; and (d) was claimed for insurance proceeds from Eassian insurance on August 17, 201, and was paid KRW 1,140,000 as insurance proceeds from the said victim on September 1, 201; and (d) was paid KRW 1,140,000 as insurance proceeds from the said victim on August 17, 201 to KRW 10 as insurance proceeds from the victim’s life on August 19, 201; and (e) was paid from the said victim’s company on around 10, 201 to KRW 1,170; and (e) was paid from the victim’s company on August 18, 2016.

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