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Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendant A (i) The defrauded did not obtain the qualification as a technician of artificial limbs and aids, produced verbal expressions for the purpose of the emotional use, and paid them to the disabled, and then acquired subsidies from the National Health Insurance Corporation.
On September 2, 2007, the Defendant: (a) made oral preparations for the purpose of the operation of the Defendant in the “F” operated by the Defendant in Ansan-si; (b) applied for payment of KRW 176,000 for manufacturing subsidies for the completed tasks to G, a person with a physical disability, without a certificate of artificial limbs and aids technician; and (c) applied for payment of KRW 176,00 for manufacturing subsidies for the purpose of the completed tasks to the victim.
However, the above disability security devices were produced by the defendant who is not qualified as a technician of artificial limbs and aids.
Around September 10, 2007, the Defendant received 176,000 won from the victim under the pretext of a verbal manufacturing subsidy for the purpose of outdoor surgery.
In addition, from November 14, 2006 to December 3, 2008, the Defendant received a total of KRW 43,164,000, as shown in the annexed Crime List (1) in the above manner, as shown above, over a total of 245 times.
Accordingly, the defendant was given property by deceiving the victim.
The manufacturer of artificial limbs and aids in violation of the Act on Welfare of Persons with Disabilities shall employ at least one technician of artificial limbs and aids, or shall be the maker of artificial limbs and aids himself.
From November 8, 2006 to December 3, 2008, the Defendant manufactured artificial limbs and aids without artificial limbs and aids articles from the manufacturer of the Act on the Protection of Persons with Disabilities to the name of “F” operated by the Defendant in Ansan-si.
B. Defendants B shall recruit persons with disabilities who need oral care in the area of Suwon, and Defendant A shall not be qualified as technicians of artificial limbs and aids and shall make oral production of oral care for the disabled without obtaining the qualification of technicians of artificial limbs and aids, and then apply for subsidies to the National Health Insurance Corporation.