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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant considered the subject of medical care benefits in a case where an additional procedure is conducted on the side effects caused by non-medical treatment, and thus, there was no intention to deceiving the National Health Insurance Corporation, which is the victim (misunderstanding of facts about the crime of fraud), and even if a patient is not directly treated according to the authoritative interpretation of the Ministry of Health and Welfare, a prescription may be issued (misunderstanding of legal principles as to a violation of the Medical Service Act), and that the punishment of the lower court against the
2. Determination on the assertion of mistake of facts
A. On January 31, 201, the summary of this part of the facts charged is as follows: (a) on the part of the Defendant, at the “G Hospital” located in Bupyeong-gu Incheon, Bupyeong-gu; (b) on the part of the Defendant: (c) on the part of the Defendant: (a) on the part of the Plaintiff, the Defendant performed an APel surgery (IPL); and (d) on the part of the Plaintiff, 356 patients from Jun. 27, 2008 to Feb. 28, 201; and (b) on the part of the Plaintiff, she falsely entered the above H into the medical record as “stituous stitrophy infection by any other factor” as if the Defendant provided the above H with medical care benefits as if he provided the treatment for benefits; and (b) on the part of the Defendant received 18,130 won from the employee in charge for diagnosis fees, main feed feed, etc.; and (c) on the part of the Defendant acquired KRW 936,975,97, etc.
B. As to the Defendant’s assertion that there was no criminal intent of fraud, the lower court held that it is difficult for the Defendant to easily understand that the Defendant, who served as a doctor for a multi-year period, did not know of the side effects due to non-benefit treatment as a medical care benefit object, and that the Defendant’s appeal was insufficient (in the case of non-benefit treatment at an investigative agency, the Defendant stated that the Defendant prepared the medical care form to be directly accepted
(b).