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(영문) 수원지방법원 평택지원 2017.07.20 2016고정600
사기등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the representative who actually operates the D Medical Care Center in Pyeongtaek-si C.

No person shall receive long-term medical care benefits by fraud or other improper means.

However, even though the Defendant: (a) did not work around October 2014; (b) had been admitted to F and G at the above Medical Care Center; (c) had been in excess of the prescribed number; (d) the Victim was actually working for 33 hours per month at the above Medical Care Center; and (e) claimed a false long-term care benefit as if F and G were not admitted, and received payment of KRW 5,016,732 for long-term care benefits.

2. The evidence presented by the prosecutor, including the statement of the H, presented by the prosecutor alone on October 2014, which is insufficient to recognize that the medical care care protection company E did not work at all at the care center as stated in the facts charged, or that F and G were admitted to excess the prescribed number by providing accommodation from the above care center (the prosecutor also filed a public prosecution to the effect that, before the amendment to the indictment, E actually worked for 32 hours only around October 2014 and filed a false claim for medical care benefits as if E had worked for 160 hours a month, and issued a non-suspect disposition as to F and G admission to excess the prescribed number). 3. Conclusion, the facts charged in the instant case constitute a case where there is no proof of a crime, and thus, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is published pursuant to Article 58(2) of the Criminal Act.

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