사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. According to the evidence duly adopted and examined by the court below, the defendant could fully recognize the fact that the defendant was paid additional charges directly to the restaurant because he/she pretended that he/she had been entrusted with the cafeteria of the E Hospital and operated the cafeteria as a direct management. Therefore, the court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment
B. The sentence of the lower judgment on the grounds of unreasonable sentencing (fines 5,000,000) is too unhued and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is that the Defendant, in collusion with R and the National Health Insurance Corporation, entrusted R with the operation of the cafeteria of the E Hospital operated by the Defendant, reported directly the said cafeteria to the National Health Insurance Corporation. The Defendant received KRW 479,91,90 from October 1, 2008 to June 28, 2012, total of the additional charges directly collected KRW 479,91,990 from 150 to 150 times.
B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is reasonable to deem that the E Hospital operated the premises directly on the basis of the foregoing facts, on the following grounds: (a) the employees, who had been employed in Q food, retired from Q food and received retirement allowances, and thereafter settled the retirement allowances; (b) the E Hospital concluded an employment contract with the medical corporation E (hereinafter “E hospital”); and (c) the E hospital paid the employee’s wages, premiums, retirement allowances, etc.; (c) the E hospital was entirely in charge of the employment, management, and restaurant operation of employees; and (d) the consignment operation contract entered into between Q food and Q food at the time of the opening of the E hospital was written confirmation of the guaranteed amount; or was deemed to have been made in the convenience of settling food materials, etc.
However, we cannot accept the above determination by the court below for the following reasons.
First, the judgment of the court below and the trial of the court.