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(영문) 광주지방법원 2014.04.23 2012노1989
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

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

A. From 198 to 2008, the Defendant purchased 14 insurance proceeds from 11 insurance companies, including the East Life Insurance Co., Ltd., the future life insurance, Samsung Life Insurance (ju), the lot accident insurance, the school life insurance (ju), the post office, the Samsung Fire and Marine Insurance (ju), the East Life Insurance (ju), the life insurance for the East Life), the KDB life insurance (ju), the green damage insurance (ju), and then acquired the insurance proceeds from each insurance company, which is the victim, by means of concealing such circumstances and claiming insurance proceeds corresponding to the period of hospitalization, during the period of hospitalization from June 12, 2006 to November 22, 2010 (the first date of receiving the insurance proceeds), as shown in the attached list of crimes, and then acquired the insurance proceeds from each insurance company by fraud or excessive treatment over 10 times in total, as described in the list of crimes (number of days of receiving the insurance proceeds).

B. The court below found the defendant guilty of the above charges on the ground that the defendant received false or excessive hospitalized treatment and received insurance money from the victims by claiming insurance money.

2. Summary of the grounds for appeal and the judgment of this court

A. The gist of the grounds of appeal asserts that the Defendant was hospitalized in the hospital due to a sloping trave, food infection, toxic disease accompanied by hepatitis, etc., and that the Defendant was hospitalized in and discharged from the hospital according to the doctor’s recommendation or instruction, and the lower court convicted the Defendant of the charges.

B. (1) According to the judgment of the court below and the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(A) Defendant’s medical history and discharge experience of entering and leaving the hospital (1) was diagnosed at the Mapoman Hospital, and was hospitalized in the above hospital for 15 days from June 12, 2006 to June 26, 2006, and received treatment. (2) Defendant complained of clothes, two copies, and abruption, etc.

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