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Defendant
B All appeals by prosecutors are dismissed.
Reasons
Defendant B, as to the summary of the grounds for appeal, did not either issue a false certificate of hospitalization to patients with K, N and M, nor ordered the original director and staff to do so, nor did there were any facts of conspiracy with Defendant A and such facts.
Defendant
Even if B delivers documents, including a false certificate of hospitalization, to the patients, it is not known that this is a false certificate of hospitalization.
Therefore, Defendant B did not have the intention to aid and abetting the instant fraud and did not have been involved therein.
The sentencing of the court below's improper sentencing (the sentencing of 5 million won) is too unreasonable.
In relation to the patient'sO (Nos. 3, 1, and 2 of the list of crimes attached to the judgment of the court below) against Defendant A, the medical records were prepared in P name, but the completion seems to be the same as the completion of other medical records prepared by Defendant A, and the completion seems to have been prepared by Defendant A.
Therefore, Defendant A, not P, was involved in the crime of aiding and abetting fraud of this case.
In relation to patients S, Q, R, and T [Attachment 1) Nos. 4 to 6 of the List of Offenses in Attached to the judgment of the court below, and Nos. 4 to 6, 8, and 11], considering the results of the analysis of light sampling medical analysis sources and the statements made by each investigation agency of the above patients, it is recognized that the above patients' symptoms were insignificant and there was no need for hospitalization.
Defendant
With regard to Defendant B’s fraud and aiding and abetting fraud as stated in the List of Crimes Nos. 1 through 6, 8 attached to the judgment below, Defendant B stated in the court below that Defendant B led to the issuance of a false hospitalization certificate, etc., and Defendant B’s increase in the duration of hospitalization was considered to have been the sole part of Defendant B, and the witness W stated that Defendant B determined the patient’s hospitalization and notified the patient’s intention.
In addition, the mother of the patient X and the patient AA is also Z.