(영문) 대전지방법원 천안지원 2015.09.11 2015고정446



The sentence of sentence against the defendant shall be suspended.


Punishment of the crime

The Defendant is a herb doctor who was in office for the period from April 1, 2010 to March 31, 201, as the president of the “Daehan” located in Asan-si.

Medical persons shall provide medical services within the relevant medical institution reported to the Government.

Nevertheless, on September 25, 2010, the Defendant sent a business trip to “F” located in Asan-si E beyond the pertinent medical institution, and treated patients G, demanded the Health Insurance Review and Assessment Service to provide medical treatment for patients with a total of 416 patients during the period from April 3 to March 26, 2011, and provided medical treatment outside the hospital for the period from April 3, 2010 to March 26, 201, and provided medical treatment outside the hospital with a total of 7,017,70 won by claiming the health care benefit cost from the Health Insurance and Assessment Service, which is the pertinent medical institution.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by H;

1. Filing an accusation, a list of petitioners who violate the criteria for calculation of medical care benefit costs, a statement of medical care benefit costs for each exemplary recipient, and application of statutes;

1. Articles 90 and 33 (1) of the Medical Service Act for the crime concerned;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, 2007; Supreme Court Decision 201Da1448, Apr. 1, 201);