The Defendant conspired with the above C, etc. to collect money from the National Health Insurance Corporation by planting the number of working days as if he did not actually work on the weekends.

On April 14, 2018, the Defendant filed a claim with the National Health Insurance Corporation for KRW 37,590 on May 8, 2018, as the Defendant visited the home of the beneficiary H of the F building G in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to provide medical care services.

However, the Defendant did not visit the home of the beneficiary H on April 14, 2018 and did not engage in medical care protection activities.

Accordingly, the Defendant, in collusion with the above C, by deceiving the employees of the National Health Insurance Corporation, which is a victim, and received KRW 37,590 on May 21, 2018 from the victim, and acquired KRW 1,607,170 on a total of 69 occasions between January 28, 2019 and then acquired KRW 1,60,170.

2. Determination

A. A. A joint principal offender under Article 30 of the Criminal Act commits a crime jointly by two or more persons. In order to constitute a joint principal offender, a subjective requirement must include the intent to jointly process and objective requirements, and the fact that a crime is committed through functional control based on a joint doctor is necessary. A joint principal offender shall be one of the joint will to commit a specific crime, and the intention to jointly process shall be to transfer his/her own intent by using another person’s act.

(1) A person who did not directly share and implement an act that constitutes a constituent element of a crime among the conspiracys is not merely a mere conspiracy, but also a functional contribution to the crime, when comprehensively considering the status, role, control over the progress of the crime, and the influence of the crime.