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(영문) 서울중앙지방법원 2017.01.12 2016노3847
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that a private person prescribed herb drugs in order to treat the instant injured patients and prescribed melting drugs to enhance the efficacy of the drugs, and it does not stipulate melting drugs as a universal re-issuance that is entirely irrelevant to the treatment of injury.

In addition, the defendant prepared a written confirmation of payment of medical expenses according to the actual prescription details, and issued it to the patient of this case.

Therefore, in relation to the prescription of herb drugs except for the part that unfixs the total number of days, the defendant deceivings Samsung Fire (hereinafter "victim Company"), an insurance company, or disposes of the victim company's deceptions of the defendant to pay insurance proceeds.

shall not be deemed to exist.

Nevertheless, the court below erred by misunderstanding the facts and finding the guilty of the facts charged of this case.

2. In light of the following circumstances, which can be known through the evidence duly adopted and examined by the court below, the defendant's prescription against the patient of this case for melted herb drugs or non-only herb drugs containing melting melting the patient of this case is irrelevant to the treatment of simple and minor injuries suffered by the patient of this case. Nevertheless, the defendant, in collusion with the victim's joint defendant B of the judgment below's insurance design for the insurance design of the company of this case, entices the victim company by prescribing for the treatment for booming the number of days of ball Won Won Won Won Won Won, which is unrelated to the treatment of injury, or for the treatment for boom Won Won Won, and the victim company was sufficiently recognized to have paid the insurance money to the patient of this case as belonging to such deception by the defendant and B.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1. B introduced the instant patient to the Defendant, who is his customer, according to the date and medical expenses (including pharmaceutical expenses) so that he can receive insurance proceeds from the victim company.

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