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(영문) 창원지방법원 거창지원 2017.11.01 2017고단195

사기

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B As a doctor operating a F hospital in Gyeongnam-gun E, a person who directly takes charge of the overall operation of the hospital, such as treatment for patients, surgery, determination of admission and discharge, confirmation of admission and discharge, and issuance of a written diagnosis, etc., or who takes charge of the overall operation of the hospital, such as direction and supervision, etc., and Defendant A is a person who has received several medical treatments from the F hospital.

Defendant

B From among the patients who found in the F Hospital, there is no need for hospitalized treatment because of the lack of symptoms and continuous progress observation or intensive care for the patients who want to receive insurance treatment, B had attracted patients by issuing a certificate of entrance and discharge so that they can receive insurance treatment regardless of whether they are actually hospitalized.

1. Defendant B and Defendant A’s joint crime of Defendant B, on March 6, 2013, following the diagnosis of Defendant A on the ground that Defendant A, who was the first instance of the F Hospital, “a bicycle going beyond a string and passing away,” proposed that Defendant A be aware of the fact that there was no need for hospitalized treatment as it constitutes salt and tension, and that Defendant A would not be hospitalized.” The Defendant A consented, with the consent of the foregoing, Defendant A’s completion from March 6, 2013 to the same year.

3. By the 18th day, the F hospital issued a certificate of entrance and discharge, etc. as if the hospital were hospitalized.

However, in fact, Defendant A did not have been hospitalized at the F Hospital due to the lack of injury, and there was no fact that Defendant A was hospitalized at the F Hospital during the hospitalization period stated in the certificate of entrance and discharge, such as returning home during the hospitalization period and conducting daily life.

Nevertheless, on March 21, 2013, Defendant A filed a claim for insurance money at the office of the Korea Life Insurance Co., Ltd. for the victims in the Sin Chang-gun, Chungcheongnam-gu, Chungcheongnam-do, Seoul, along with a written confirmation of entry and discharge issued by Defendant B.