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(영문) 전주지방법원 2019.09.25 2019노345
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal, the number of hospitalization days of the Defendants and the result of deliberation by the Health Insurance Review and Assessment Service, etc., the court below erred by misapprehending the facts of the judgment below which acquitted the Defendants on the ground that there is insufficient proof of the crime, despite the fact that the Defendants obtained insurance proceeds from the victim

2. Determination

A. The lower court found the Defendants not guilty on the grounds that the evidence alone presented by the prosecutor, based on its reasoning, cannot be deemed as proven beyond a reasonable doubt.

B. The court below's judgment is just in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, and the circumstances cited by the prosecutor alone are not sufficient to prove that the defendants obtained insurance proceeds by deceiving the victim insurance company and receiving hospitalized treatment for a long time beyond the necessity of hospital treatment, as stated in the facts charged in this case. Thus, the court below's judgment that acquitted the defendant on the grounds of its stated reasoning is just and it cannot be viewed that there was an error of mistake of facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

1 Health Insurance Review and Assessment Service conducted a review on the appropriateness of hospitalization treatment for the Defendants only based on the data submitted by investigation agencies.

However, this is merely a determination based on only the medical records without observing the symptoms of the Defendants, who are the actual patients, or having treated the Defendants, etc.

The contents of the medical records are also recorded.

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