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(영문) 수원지방법원 2013.09.12 2012노5613

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below on mistake of facts, Article 1-b of the original adjudication

(1) In relation to the part of Paragraph (1), i.e., the fraud of the National Health Insurance Corporation from October 12, 2007 to March 18, 2009, the Defendant did not deceiving the National Health Insurance Corporation, and did not intend to commit the crime of defraudation.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. The following facts or circumstances acknowledged by evidence duly adopted and examined by the court below and the court below's decision on the defendant's assertion of mistake, i.e., the National Health Insurance Corporation, from around April 2005, has paid the full amount or an amount of 80% of subsidies to oral producers and distributors applying for subsidies within the limit of 220,000 won according to the degree of each disabled person according to the degree of each disabled person with respect to the costs of oral purchase of emotional surgery worn by persons with disabilities from around April 2005 (Evidence Nos. 10, 122, 142, 143 of the evidence record), ii) where a verbal producer claims subsidies to the National Health Insurance Corporation with the delegation of the disabled person himself/herself, the documents requested by the National Health Insurance Corporation are limited to the proxy, doctor's prescription, examination certificate, and copy of the business registration certificate, and whether a person with any qualification certificate manufactured the oral report by any means, and failed to inspect it (Evidence No. 1, 3201, and 208-1, etc.