사기
The prosecutor's appeal is dismissed.
1. The lower court found the Defendant not guilty of the facts charged solely on the circumstances in its holding, even though the fact that the Defendant, without the necessity of hospitalized treatment and without undergoing hospitalized treatment within the period of hospitalization, acquired insurance proceeds under a special contract for hospitalization from the affected insurance companies, was recognized, even though the Defendant was hospitalized without the need of hospitalized treatment.
2. Determination refers to a patient’s continuous observation of the side effects or incidental effects of the patient’s disease caused by very low resistance or is in need of continuous observation by the medical personnel, where the management of nutritional conditions and food and drinks is necessary, and thus, it is necessary to continuously administer medication and treatment, etc. so that the patient’s pain may cause more inconvenience to medical treatment, or where the patient’s condition is unable to cope with the patient’s disease or where the patient’s risk of infection exists, etc., while staying in the hospital, and is being treated under the observation and management of the medical personnel, pursuant to the provisions of “detaileds on the criteria and methods for the application of the medical care benefits”, which are published by the Ministry of Health and Welfare for at least six hours.
Therefore, there is a need for hospital treatment to the doctor, even though there is no need for hospital treatment, as well as the case where the substance of hospital treatment corresponds to hospital treatment rather than hospital treatment, by comprehensively assessing the patient’s symptoms, diagnosis and treatment, the details and circumstances, and the patient’s behavior.
The act of claiming insurance proceeds by asserting that the insurance company satisfies the hospitalization period stipulated in the terms and conditions of the insurance contract without notifying the insurance company of the case of a long-term hospitalization more than necessary by making it erroneous (see Supreme Court Decision 2014Do5063, Jul. 24, 2014, etc.) constitutes deception in fraud (see, e.g., Supreme Court Decision 2014Do
F Care hospitals operators are not qualified to establish medical institutions.