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(영문) 서울중앙지방법원 2013.05.24 2012노3399
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal means that a patient is receiving treatment under the observation and management of a medical staff while staying in a hospital for more than six hours. The defendant is found to have prepared a false certificate of discharge from hospitalization with excessive time for hospitalization to a hospital for less than six hours and provided the patient with a false certificate of discharge from hospitalization with excessive time, thereby deceiving the damaged insurance company and by deceiving the damaged insurance company, but the judgment of the court below which acquitted the defendant is erroneous in matters of mistake affecting the conclusion of the judgment.

2. Amendments to Bill of Indictment;

A. Before the prosecutor's judgment on the grounds for appeal, the prosecutor ex officio examined the applicable provisions of law in the trial of the case, "Article 347 (1) and Article 30 of the Criminal Act", "Article 347 (1) and Article 34 (1) of the Criminal Act", and applied for the amendment of a bill of indictment to the effect that criminal fraud is established by indirect crimes against the defendant as follows. Since this court permitted it, the judgment of the court below is no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

B. The Defendant, as the director of Gangnam-gu Seoul Metropolitan Council, is a person who directly participates in the overall operation of the Council members, such as the examination of patients, surgery, decision on admission and discharge, and issuance of a medical certificate of admission and discharge, and supervises the employees of the Council members.

A member of the above Council, who is operated by the defendant, is specialized in the treatment and surgery of non-pocks, and is using the rash, MaVLT (EVL) and the blood clisome method as the method of the procedure.

The operation through the above method of procedure is non-benefit items not included in the insurance benefits of the National Health Insurance Corporation, and the patient should separately purchase the insurance company's accident insurance and be hospitalized after the surgery.

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