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(영문) 서울고등법원 2019.05.16 2018노3113
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. From December 7, 2012 to December 31, 2013, Defendant A and D’s actual violation of the Medical Service Act due to the operation of the Evalescent, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to December 31, 2013, Defendant D’s account used for the operation of the Evalescent Hospital located in Bupyeong-si from December 7, 2012 to December 31, 2013 (hereinafter “instant hospital”) paid KRW 10 million each month to Defendant D’s employer from the account in the name of Defendant D, and Defendant A and their wife’s account was deposited with KRW 130 million in total over several occasions, but Defendant D’s wife’s account manager of the instant hospital from around 10, 2014 to around 15, 201, Defendant D’s statement that Defendant D’s management director of the instant hospital from around 30, 2014 to around 13, 2014.

B. According to G’s statement that is the nominal owner of the private document in this case, Defendant A and B’s forgery of private document and its uttering part, the facts charged against the above Defendants are fully recognized.

C. The lower court’s imprisonment with prison labor for the Defendant A, one year, and one year.

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