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(영문) 광주지방법원 순천지원 2017.12.15 2017고정281

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Medical Service Act is a person who operated a medical institution under the trade name, “C Han-gu from October 23, 2012 to July 8, 2014,” a member of Ansan-gu.

No medical person shall prepare a false medical treatment record, etc. or intentionally enter or revise any additional record differently from the fact.

Nevertheless, on April 4, 2014, the Defendant, even though there was no fact that the Defendant provided medical treatment to D around March 4, 2014, prepared a false record of medical treatment with respect to patient D as if he was treated “Rpeat ①” as “Rpeat ② ③ No.44,” and prepared a false record of medical treatment at least 470 times in the same manner as the list of crimes in the attached Table, from around that time to early 2014.

2. On May 1, 2014, the Defendant: (a) prepared a false medical record; (b) filed an application with the National Health Insurance Corporation for reimbursement of expenses incurred in providing medical care benefits to the victim as if he/she provided medical treatment, such as blood transfusion, to the said D; and (c) received KRW 14,080 from the injured party as the expenses incurred in providing medical care benefits; and (d) received KRW 6,868,600 in total over 470 times from around that time to July 10, 2014 in the same manner as the written list of crimes in attached Table 470 in the same manner as the written list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of a medical treatment register and a statement of account transactions;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts; Article 88 Subparag. 1 and Article 22(3) of the Medical Service Act; and selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the defendant is against the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, this case shall be obtained by preparing a false medical record and acquiring medical care costs.