사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal seems to have sufficiently recognized that the defendant was merely required for the vaccination process and could not file a claim for medical care benefits because he did not separately treat or prescribe a medical treatment act. However, the judgment of the court below which did not recognize the defendant's intention is erroneous in the misunderstanding of facts.
2. Determination
A. On the grounds stated in its reasoning, the lower court determined that the evidence alone submitted by the prosecutor is insufficient to recognize that the Defendant was guilty.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is determined that the defendant had the intent to deceive the victim as if he had provided at least a medical care benefit claim, thereby deceiving the victim as if he could have provided medical care benefit claim.
① In ordinary cases, patients who visited a hospital prior to face-to-face face-to-face face-to-face face-to-face face-to-face face-to-face face-to-face face-to-face face-face face-to-face face-face face-to-face face-face face-face face-to-face face-face face-face face-face face-face face to face-face face-face face-to-face
On the basis of the above towing table, a doctor confirms that there is a health reason that makes it impossible for the patient to be vaccinated, and records the result of the diagnosis and whether it is possible to be vaccinated in the column of “the result of the medical examination” at the bottom of the towing table (the trial record 153 pages). (2) The Defendant was aware of the fact that the instant patient visited the “Vaccine” rather than on the premise of treatment of a specific disease, and even if the patient made a statement about the low-income disease during the process of the literature, such statement cannot be said to be irrelevant to the items to be identified in the towing table, and ultimately, a series of procedures incidental to the vaccination for vaccination.