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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the factual error) ① the patient hospitalized in the council member of the Defendant’s operation and was discovered by this case’s testimony at the court of original instance and the investigative agency, the patient’s outing and staying out frequently frequently, and the patient’s outing and staying out did not specifically refrain from it in the council member’s side. ② As such, the Defendant prepared the medical record as if the patient was treated by the patient, issued a false certificate of discharge from entry to the patient, ③ the patient was not much the number of inpatients, and the patient was forced to go outing and staying out without permission at a similar time as indicated in the facts charged, but the Defendant could sufficiently be recognized that the Defendant conspired with the patient and received the insurance proceeds as stated in the facts charged, in light of the fact that it is difficult for the patient to know of this fact.
Although the court below is not guilty, there is an error of mistake of mistake in finding facts.
2. Determination
A. The summary of the facts charged in the instant case is the president who operates the hospital in Ansan-gu during the period of time, and is a person directly involved in the overall operation of the hospital, such as treatment, surgery, entrance and discharge, diagnosis, and issuance of a written confirmation of entrance and discharge from the hospital, or in charge of the overall operation of the hospital, such as direction and supervision,
On May 1, 2010, the Defendant, at the above hospital, had E, who suffered minor injuries not to be hospitalized due to traffic accidents, registered as an in-patient of the above hospital, and issued a written confirmation of entrance discharge to E from the above hospital on May 10, 201 to the 10th of the same month, as E received hospitalized treatment from May 1, 2010 to the 10th of the same month.
However, in fact, E freely visits home and company without undergoing hospital treatment at the above hospital during the above period.
The Defendant, as above, has obtained false admission and discharge certificates to E.