logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.01 2017노2533
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

With respect to the fraud of subsidies among the facts charged in the instant case by mistake of the Defendants, even if the F Hospital (hereinafter “the instant hospital”) as indicated in the instant facts charged did not meet the standards for designation of regional emergency medical institutions under Article 35 of the Emergency Medical Service Act, Article 18 of the Enforcement Rule of the Emergency Medical Service Act, and attached Table 8 of the Enforcement Rule of the Emergency Medical Service Act (hereinafter “the instant legal standards”), the instant hospital was designated as a regional emergency medical institution at the time of the instant case, and the designation was not revoked, as a matter of course, the State may receive subsidies as indicated in this part of the facts charged as a regional emergency medical institution, so long as the said designation was not revoked, it is not recognized that there was a crime of deception by fraud between the Defendants as indicated in this part of the facts charged and the disposal of the victim’s Republic of Korea.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

The punishment (one year and six months of imprisonment, two years of suspended execution, and 160 hours of community service) that the court below sentenced the defendants to the punishment is too unreasonable.

As to the fraud regarding emergency medical service management fees (not guilty portion of the judgment of the court below in the judgment below), among the facts charged in this case, the instant hospital failed to meet the statutory standards of this case in 2009 and 2010. As such, the designation of a regional emergency medical institution was highly likely to be cancelled if it fails to meet the statutory standards of this case in 2011, and the payment of emergency medical service management fees to the instant hospital by victims, etc. is premised on the premise that the instant hospital is a local emergency medical institution legally designated. Thus, the instant hospital’s act of deception as stated in this part of the facts charged and the payment of emergency medical service fees by victims, etc. is related

arrow