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(영문) 부산지방법원 2019.07.18 2019노18
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is required to resume at the home of the beneficiary H for five hours a day every time.

Since the two services are provided, the medical care services are provided for time corresponding to the cost of long-term care benefits claimed by the defendant.

Therefore, the defendant did not have any intention to commit fraud.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the Defendant visited the beneficiary H’s house every day to re-examine.

Although the two services are provided, the defendant did not provide the above medical care services on the date of service indicated in the list of crimes (1) in the judgment below, and (2) the defendant did not provide the medical care services on the date of service indicated in the list of crimes in the above list of crimes, but, at the request of the beneficiary H, visited H's house to provide the medical care services for more than 2 to 30 minutes and 5 hours, which is 2 to 30 minutes each day, and eventually, the defendant provided the medical care services for more than 2 to 30 minutes each day. However, as alleged by the defendant, there is no evidence to prove that the defendant actually visited H's house, and (3) the defendant was visiting H's house in the investigation agency as above, the defendant stated that the above visit was not arbitrarily made by the defendant, but because the beneficiary H was required to do so, and the defendant stated that the date of the above investigation was 2 times the original service hours at the time of the visit (as stated in the judgment of the court below, evidence No. 40-1).

The Center shall have the record of the provision of benefits, etc. as if they were provided on the day they were not provided.

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