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(영문) 전주지방법원 2018.08.17 2018노793

사기등

Text

The judgment of the court below is reversed.

The defendant is written in Nos. 1 through 115 at the net time of the crime sight table (1) attached to the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal to amend the bill of indictment, Defendant 1, “In the instant indictment No. 1 of the instant charges, the Prosecutor had the medical personnel, and had the medical personnel take medical care as above, and then had the National Health Insurance Corporation pay KRW 8,180 to the Corporation by claiming charges from the National Health Insurance Corporation. From around that time to July 14, 2017, the Defendant acquired pecuniary benefits equivalent to the total amount of KRW 2,063,238, by receiving medical treatment from hospital and pharmacy or claiming for charges from the National Health Insurance Corporation after receiving medical personnel or receiving medical treatment from the National Health Insurance Corporation.

The Defendant “B” acquired pecuniary benefits equivalent to KRW 2,063,238 in total amount of insurance benefits by receiving medical treatment or prescription from a hospital or a pharmacy over 239 times from around that time to July 14, 2017, such as deceiving medical professionals, allowing medical professionals to provide medical treatment, claiming the Service charges from the National Health Insurance Corporation to receive the Service charges of KRW 8,180 from the said National Health Insurance Corporation.

Article 347(2) and Article 347(1) of the Criminal Act, “A” of the applicable law, and Article 347(1) of the Criminal Act, “B,” the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

B. (1) According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for four months and one year of suspended execution on September 5, 2013 at the Jeonju District Court.