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(영문) 춘천지방법원 2016.10.27 2015노251
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The prosecutor applied for the amendment of the indictment to the effect that the victim made seven times from April 19, 2012 to June 22, 2012, when changing the clause 2(b) of Article 2 of the facts charged in the instant case and paying the Defendant a sum of KRW 4,746,530 in the name of the medical care benefit cost, and the court permitted the amendment of the indictment.

Therefore, the judgment of the court below can no longer be maintained as the subject of the judgment is changed.

[Attachment 2-B of the revised facts charged] Around May 2012, the Defendant claimed medical care benefit costs against the victim of the National Health Insurance Corporation (hereinafter “victim”), on the ground that M was hospitalized from Ewon as described in paragraph (1) from May 2, 2012 to May 21, 2012, due to symptoms and disorders after the bridge surgery.

However, in fact M only visited the above hospital during the above period and received treatment, and there was no fact that he continued to receive hospital treatment for the above period.

The Defendant received KRW 522,720 from the Victim Service as medical care benefit expenses for M, and claimed for medical care benefits for 7 patients who did not receive hospitalized treatment from the Victim Service as shown in attached Table 2 of Crimes List 2, and received KRW 4,746,530 in total from the Victim Service as medical care benefit expenses for the said 7 patients.

Accordingly, the defendant was given property by deceiving the victim to the Corporation.

2. As to the grounds for appeal by the Defendant, the Defendant was sentenced to a suspended sentence of two years on February 12, 2015 and appealed on February 16, 2015.

On March 16, 2015, the trial court sent the notification of the receipt of the trial records to the defendant and sent the notification to the defendant on March 18, 2015.

On April 22, 2015, the Defendant filed an appellate brief with the competent court on April 22, 2015, and the appellate brief was ① in the appellate brief.

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