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(영문) 의정부지방법원 2018.11.15 2018노185

의료법위반등

Text

The judgment below

Among them, the guilty part against Defendant A and the part against Defendant C and D shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. According to all the evidence, including the prosecutor’s (1) part of the joint crime committed by Defendant A and B – fact-misunderstanding, misunderstanding of legal principles, etc., the fact that Defendant A established and operated a medical institution under the name of Defendant A.

(2) The violation of the Medical Service Act due to Defendant A’s discount act, etc. - In light of the fact-finding and misunderstanding of legal principles, Defendant A can sufficiently be recognized as the principal agent of the facts charged, and at least Defendant A and N may be recognized as co-offenders.

(3) The lower court’s sentence against Defendant A who was unfair in sentencing (four years of imprisonment) is too uncomfortable and unfair.

B. (1) A(1) - The part of the joint crime with Defendant E - The misunderstanding E was the president and operated as the president, leading the G member’s Nowon datum, and only the Defendant was involved in the operation of the hospital by assisting E as the president of the executive branch.

(2) Defendant D and C’s joint crime part - The Government’s charge of misunderstanding the fact is a hospital directly established by Defendant C at its own expense, and the Defendant did not have been involved in the establishment and operation of the above hospital.

(3) misunderstanding the legal principles on frauds, the National Health Insurance Corporation, without examining or determining whether an institution that claims expenses for medical care is a legitimate medical institution, determines whether to pay expenses for medical care by examining whether the act of medical care exists or whether the act of medical care is appropriate. Thus, the Defendant claimed medical care expenses to the National Health Insurance Corporation in relation to the act of medical care performed in the G Council member's datum

Even if the National Health Insurance Corporation has omitted any error or disposed of it by such error.

In addition, since the defendant only claims a reasonable price for the treatment of the defendant E and C, which is a medical person, the defendant has a criminal intent to commit the crime of defraudation by the defendant, and there was an intention to obtain unlawful acquisition.

shall not be eligible.

참조조문