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(영문) 수원지방법원 2013.08.29 2012노5270
사기등
Text

The judgment below

The part on the violation of the Act on Welfare of Persons with Disabilities against Defendant A is reversed.

Defendant

A.

Reasons

1. The judgment of the court below which acquitted the Defendants of each of the charges of this case on the grounds that the Defendants did not have any intention as to the above, since the intent to obtain the verbal production subsidy for the purpose of outdoor use and the intent to violate the Act on Welfare of Persons with Disabilities is recognized.

2. Summary of the facts charged in this case

A. Defendant A (1) On September 14, 2006, the Defendant: (a) on September 14, 2006, 2007, (b) made oral arrangements with the Defendant in F’s “F”; (c) on September 2007, the Defendant applied for the payment of KRW 176,00 to G who was a physically handicapped person; and (d) around September 10, 2007, the Defendant received a subsidy of KRW 176,00 from the victim, including the payment of KRW 176,00 from November 14, 2006 to December 3, 2008, and received KRW 43,164,000 as indicated in the attached Table of Crimes (1) from the victim to the sum of 245 times as indicated in the attached Table of Crimes.

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

(2) The manufacturer of artificial limbs and aids in violation of the Act on Welfare of Persons with Disabilities shall employ at least one technician of artificial limbs and aids, or the manufacturer of artificial limbs and aids shall be the maker of artificial limbs and aids. However, from November 8, 2006 to December 3, 2008, the Defendant engaged in manufacturing artificial limbs and aids in manufacturing artificial limbs and aids without any artificial limbs and aids technician in the manufacturer of artificial limbs and aids in the name of “F” operated by the Defendant from November 8 to December 3, 2008.

B. Defendants B recruited persons with disabilities who need oral use in a short term area in a short term, and Defendant A conspired to produce oral use in a short term, without obtaining qualification as a technician of artificial limbs and aids, and then to obtain subsidies from the National Health Insurance Corporation (hereinafter referred to as the “National Health Insurance Corporation”) from the victims.

Defendant

B Accordingly, H. who was a physically handicapped person on April 2008 for the first time.

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