If a person does not interfere with his/her duties or daily life, an act, medicine, or material for medical treatment that is conducted or used is ineligible for non-benefit, and in particular, the diagnosis and prescription accompanying the examination and treatment of combined medicine are ineligible for non-benefit unless it interferes with his/her duties or daily life. Therefore, the medical care benefit cost cannot be claimed.

Nevertheless, the Defendant provided medical treatment to patients who visited for non-benefit treatment, such as the preparation of oriental medicine medication and saliva treatment, at the above oriental medical clinic, and tried to make a false claim for medical care benefit costs by inputting the injury or disease claimed in the case of an oriental medicine medication preparation, such as fire extinguishing, drums, etc., in the case of an oriental medicine medication, and in the case of saliva treatment, saliva, in the case of saliva treatment, by

Accordingly, the Defendant, around May 1, 2013, entered the medical examination and prescription for preparation of oriental medicine with D, who visited to prepare oriental medicine medication, into a veterinary system as if he were able to claim health insurance without any separate health insurance treatment, and entered the same year, even though he did not have any other medical treatment.

6.3. Around September 2, 2015, the victim claimed KRW 13,720 as medical care benefits and received KRW 7,635,340 from around that time to September 2, 2015 as stated in the separate crime list, and acquired it by deceptioning KRW 7,635,340 by the above methods.

2. Determination

A. The burden of proving the facts charged in a criminal trial for the pertinent legal principles is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so that such proof is to be given.