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(영문) 서울고등법원 2015.10.29 2015노1306

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The part against Defendant A in the judgment of the first instance court shall be reversed.

Defendant

A 1-A of its holding

Imprisonment with prison labor for a crime.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant B (A) committed an act of misunderstanding facts and affecting the conclusion of the judgment of the first instance court which convicted Defendant A of each violation of the Medical Service Act, even though Defendant A was unaware of such fact, on July 9, 2009, on the condition that Defendant B directly acquired and operated KRW 100,000,000 from AM representative DU on the condition that Defendant B took over and operated the APal spirit department, and that Defendant A was employed by Defendant A and worked in AP hospital. The family affairs did not work in APal spirit department and AP hospital. Even if Defendant A actually operated the above Council members, Defendant B did not know it.

B) Even if Defendant B operated the above Council member with Defendant A, whether a medical person operates a hospital with a non-medical person is not included in the assessment items at the time of examining whether to pay the medical care benefit cost of the Health Insurance Review and Assessment Service, and as such, the National Health Insurance Corporation did not pay the medical care benefit cost due to the pretending act that the medical person operated the hospital, even if Defendant B knew as being operating the above Council member, it is erroneous in the judgment of the first instance that found Defendant B guilty of fraud in the absence of causation between the payment of the medical care benefit cost and the payment of the health care benefit cost of the National Health Insurance Corporation, thereby affecting the conclusion of the judgment.