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The judgment below
Of them, the part on fraud is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Progression of litigation and scope of adjudication of this court;
A. The Defendant: (a) (i) committed an oriental medical act, including progress of a lawsuit from May 2, 2008 to July 1, 2013 against H et al. without a oriental medical doctor’s license; (ii) was in violation of the Act on the Special Measures for the Control of Public Health Crimes (hereinafter “Public Health Crimes Control Act”); (iii) was unable to receive medical expenses from the victims of an oriental medical act without a license; and (b) at the same time, the Defendant was convicted of the Defendant by deceptioning the above patients who were diagnosed as having a oriental medical doctor’s license, and at the same time, claiming medical expenses by giving up the number of medical treatment for the patients; (b) was a disguised method from July 2, 2008 to July 18, 2013; and (c) was charged with a total of KRW 151 million from the victim to the National Health Insurance Corporation’s imprisonment with prison labor for a total of 16 million won, as indicated in the attached list of crimes; and (d) was charged with the Defendant.
2) Of the lower judgment, the Defendant appealed on the ground that there was an error of misconception of the fact by finding the Defendant guilty of all medical treatments duly conducted by an oriental medical doctor as to the fraud, and that the sentencing of the lower court is excessive.
The judgment prior to remand is ex officio. Of the facts charged in the instant case, the claim and examination of the medical expenses for the Defendant’s National Health Insurance Corporation for the fraud is conducted for each series of medical treatments executed for each individual patient. This part of the indictment is only stated in the date on which the Defendant claimed the medical expenses, the total number of months of the medical treatment, and the total monthly amount of the medical expenses, and the medical treatment fees, which are the subject of the claim for the medical expenses, are not specified, and it is duly conducted by an oriental medical doctor.