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(영문) 대구지방법원 2016.11.23 2016노1305

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a term of eight months) declared by the court below is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided, that there is no record of punishment for the same kind of crime, and that the Defendant has fully repaid the medical care benefit cost claimed by falsity.

However, the instant crime of violation of the Act on Long-Term Care Insurance for the Aged and the Act on Long-Term Care for the Aged was committed by deceiving the public funds of the National Health Insurance Corporation, which disturbs the sound medical order, making the finances of the National Health Insurance Corporation poor, thereby causing damage to the general public who is an insured person, ultimately, such as the crime committed over a long-term period of up to 1 year and 2 months, and the total amount of defraudation exceeds 27 million won, and the charges are important; the number of workers who are not insured in the national health insurance and the period of joining the National Health Insurance; the Defendant’s age, character and conduct, environment; the motive, means and consequence of each of the instant crimes; and the circumstances after the crime, etc., it is not recognized that the lower

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.