Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

A. Legal doctrine 1) As to the violation of the Medical Service Act, the former Medical Service Act (amended by Act No. 10565, Apr. 7, 2011) enforced at the time of the Defendant’s act entered in this part of the facts charged, the former Medical Service Act (amended by Act No. 10565, Apr. 7, 201) did not have any criminal punishment provision for the false act of preparing a medical record, the lower court’

2) Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 11141, Sep. 15, 2011) provides only a provision that collects all or part of the benefits, etc. from a person who received insurance benefits or a medical care institution that received insurance benefits by deceit or other improper means (Article 52(1)), but does not have any separate provision on criminal punishment for fraud. Article 115(2)5 of the amended National Health Insurance Act (amended by Act No. 12176, Jan. 1, 2014) also provides that “any person who received insurance benefits or causes another person to receive insurance benefits by fraud or other improper means or causes another person to receive insurance benefits shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10,000 won, without considering such circumstances, to punish a married couple by applying the provision on criminal fraud under the Criminal Act.

B. The Defendant may be subject to the crime of fraud and the Medical Service Act, even if misunderstanding the facts.

하더라도, 피고인은 실제 이 사건 수진 자들에게 돌 뜸기기를 이용하여 돌 뜸 시술을 하였고, 돌 뜸 시술이 기기 구술( 쑥뜸 )에 해당한다고 착오하여 진료 기록부에 ‘ 구 술( 간접구)- 기기 구술( 쑥뜸)’ 로 기재하고 요양 급여를 청구하였으므로, 피고인에게 사기나 의료법위반의 고의가 없었다.

(c).