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(영문) 서울동부지방법원 2015.07.24 2015고정751

사기등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, the charge of violating the Medical Service Act is acquitted.

Reasons

Punishment of the crime

The Defendant is an intention to operate “F Councilor” on the second floor of a building in Gwangjin-gu Seoul Special Metropolitan City E.

Around April 7, 2010, even though the above Council member could not claim medical care benefit costs because of the subject of cosmetic care and removal of points, the facts of cosmetic for the purpose of beauty art, which revealed the skin ton, were falsely stated in the medical records, and based on this, the victim claimed KRW 9,730 to the National Health Insurance Corporation for medical care benefits of 184 times from the time of receiving the above medical care benefits until June 29, 2010, and received KRW 1,438,510 in total.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (person in charge of the public health center in Gwangjin-gu Office telephone conversations, attachment of evidentiary materials, crime sight table, and complainants);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 per day converted);

1. The portion not guilty under Article 59 (1) of the Criminal Act (including the fact that the defendant is in depth and has no record of punishment twice as well as the fact that he/she has been sentenced to a fine for a crime of double species; the fact that the whole amount of the medical care benefits received by a false claim is deposited; the fact that the amount of the insurance benefits received by a false claim is not substantial; and all

1. Summary of the facts charged

(a) No medical person who violates the Medical Service Act shall prepare a false medical examination and treatment record, or make an additional entry or revision intentionally differently from the fact;

Nevertheless, on April 7, 2010, the defendant provided the patient G with medical treatment such as IPL, management of skins, removal of occupation, etc. after the above member conducted the medical examination and treatment to the patient G, and then the medical examination and treatment is called aleric contact infection by other factors.