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(영문) 서울중앙지방법원 2012.07.18 2011고정5780
사기
Text

The defendant shall be innocent.

Reasons

The Defendant of the facts charged in the instant case is a person who actually operates social welfare foundation D and social welfare foundation F of the same E building A, which is located in Seocho-gu Seoul Metropolitan Government, and G works for the above D and F as the head of office, and counseling and management of recipients, care workers management, insurance benefits claim, etc.

The Defendant conspired with 28 medical care guardians, including G, H and I (Suspension of Prosecution on the same day) and, around November 2, 2009, at the F office of the above social welfare foundation: (a) around 4 hours after the caregiver visited the beneficiary’s home and did not provide medical care services; (b) despite the fact that the caregiver provided daily care services to the beneficiary, he filed a claim for false medical care benefits with the National Health Insurance Corporation by increasing the service hours as the caregiver provided the daily service hours of 4 hours a.m.; and (c) thereafter, the Defendant received KRW 981,30 from the person in charge of the payment of benefits of the above National Health Insurance Corporation to the national bank account in the name of F of the social welfare foundation (Account J) and received KRW 20,849,650 on 11 times in the same manner as the attached crime list from around September 1, 2010.

Judgment

The facts charged in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence of probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it should be determined with the benefit of the defendant.

In other words, the following circumstances acknowledged by evidence duly adopted and investigated, i.e., the consultation and management of recipients as the chief of G, not the defendant, and the management of caregivers.

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