The judgment below

The part dismissing the public prosecution is reversed, and that part of the case is remanded to Busan District Court.

The grounds of appeal are examined.

1. The facts charged should be stated clearly by specifying the date, time, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purpose of this is to specify the subject matter to be tried by the court and to facilitate the exercise of the defense right by limiting the scope of the defendant’s defense. As such, the facts charged are lawful if it is stated to the extent that the identity of the facts charged can be distinguished by comprehensively taking account of the aforementioned elements.

Therefore, even if the indictment does not expressly state the date, time, place, method, etc. of a crime, it does not go against the purport of the law allowing the specification of the facts charged, and where the general indication is inevitable in light of the nature of the crime charged, it does not mean that the contents of the indictment are not specified, and it is not illegal.

In particular, in the case of a single comprehensive crime, even if the act constituting part of the daily crime is not specifically specified, if the whole period and completion period of the crime, method of the crime, the victim or the other party, the frequency of the crime, and the total amount of damage, etc. are specified, the crime is specified (see Supreme Court Decision 2002Do807 delivered on June 20, 2002, etc.). 2. Of the facts charged in the instant case, the summary of the fraud among the facts charged in the instant case is “the Defendant established and operated the G Institute under the name of Korea without a herb doctor’s license, while establishing and operating the G Institute under the name of Korea, and performed non-licensed medical acts, such as beer, bed, boom, sulfur, and oriental medicine preparation, and the Defendant was unable to receive medical expenses from the National Health Insurance Corporation for non-licensed medical acts, despite the absence of the medical expenses from the National Health Insurance Corporation, the Defendant pretended the patient who

On June 12, 2008, the Defendant filed a claim with the National Health Insurance Corporation for medical expenses for the treatment of victims from the above G oriental medical clinic on May 12, 2008 without a license as above.