The judgment below

The conviction part is reversed, and that part of the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Examining the records in light of the relevant legal principles as to the fraud caused by the claim for the medical care benefit cost of the medical care benefit cost of the surgery, the court below’s finding the Defendant guilty of this part of the facts charged on the grounds stated in its holding is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the confession and reinforcement of facts against the logical and empirical rules, or by misapprehending the legal principles

2. On the charge of fraud by the claim for medical care benefit costs, after hearing the statement of the excursion ship

A. Prior to the amendment by Act No. 9386 of January 30, 2009 of the former Medical Service Act

(a) The same shall apply;

(1) Article 17(1) of the Act provides that “A medical doctor engaged in the business of medical treatment and who directly conducted a medical examination shall not prepare and deliver a medical certificate, autopsy certificate, or prescription to the patient.” This provision is only a provision prohibiting the issuance of a prescription without a medical examination by himself/herself, and does not prohibit the general public from issuing a prescription without a face-to-face medical examination or sufficient medical examination. Therefore, in light of the principle of no punishment without the law and the principle of no punishment without the law, especially by telephone or video, etc. (hereinafter “tel medical examination”).

(1) Article 39(1) of the former National Health Insurance Act (amended by Act No. 9932, Jan. 18, 2010) provides that a health care benefit refers to a medical examination, examination, provision of medicine and materials, treatment operation, prevention and rehabilitation, hospitalization, etc., conducted against a disease, injury, childbirth, etc. of a policyholder or his/her dependent (see, e.g., Supreme Court Decision 2010Do138, Apr. 11, 2013). Meanwhile, according to the former National Health Insurance Act (amended by Act No. 9932, Jan. 18, 2010), the health care benefit refers to a medical care benefit.