특정경제범죄가중처벌등에관한법률위반(사기)등
1. Of the judgment of the court below, the victim listed in attached Table I-1 to I-13, IV-1 to IV-11 of the charge of this case.
1. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the lower court rejected an application filed by an applicant for compensation, but the applicant for compensation failed to file an appeal against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized
Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.
2. According to the general circumstances acknowledged by the prosecutor’s summary of the grounds for appeal (the factual error or misapprehension of the legal principle), Defendant A and B, in collusion with the instant patients, acquired insurance proceeds from the victim insurance companies listed in the Disposition No. 1 (hereinafter “victim insurance companies”), and received insurance benefits from the National Health Insurance Corporation by unlawful means against the victim. While it can be recognized that Defendant C was easy to commit each of the crimes committed by Defendant A and B, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine, thereby acquitted each of the Defendants.
3. Determination
A. We examine ex officio (the part Amendments to Bill of Indictment in the trial) prior to the judgment on the grounds for appeal.
Of the facts charged in this case, with respect to Defendants’ violation of the National Health Insurance Act and aiding and abetting thereof, the prosecutor deleted each violation of the National Health Insurance Act from the name of each crime against Defendants A and B, from the name of each crime against Defendants C, and from the applicable provisions of the National Health Insurance Act, Article 115(2)5 of the National Health Insurance Act from the applicable provisions of the Acts to the Defendants are deleted, and applied for permission to change the contents of the charges as stated in the facts charged under the following, and applied for permission to change the contents of the charges as stated in the facts charged under the National Health Insurance Act and the part of the charges charged against the Defendants as the victim is the National Health Insurance