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(영문) 춘천지방법원 원주지원 2015.09.02 2014고단1029

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Crimes concerning C Hospital;

A. The Defendant in violation of the Medical Service Act is a person who was operating a hospital in the trade name of “C hospital” after having medical facilities, such as a clinic, sick room, and water treatment room, located in Da from April 23, 2009 to August 2009.

No person may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation or quasi-governmental institution under the Civil Act or Special Act (hereinafter referred to as "doctor, etc.").

On April 23, 2009, the Defendant transferred the right to operate the C Hospital from E and F who operated the said C Hospital, and thereafter, the Defendant paid 10 million won monthly salary to the doctor G registered as the founder of the said C Hospital, and employed him, and had G treat the patients suffering from the hospital from April 24, 2009 to August 2009.

Accordingly, even though the Defendant was not a doctor, the Defendant established a medical institution in collusion with G.

(b) No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act;

On April 24, 2009, the Defendant: (a) had a doctor G provide medical treatment to a patient; (b) submitted a statement of medical care benefit costs to the Health Insurance Review and Assessment Service; and (c) received notice of the result of the examination from the victim, who believed it to be true, transferred KRW 1,762,180 to the agricultural bank account in the name of G, as the medical care benefit cost, around May 26, 2009.

In addition, the Defendant received a total of KRW 20,722,340 from the date of time to October 12, 2009 to the Agricultural Cooperative Account in G name as shown in the attached list 1 of crimes committed in the same manner.

As a result, the Defendant conspired with G by deceiving the victim by the above method, and acquired 20,722,340 won from the victim as medical care expenses.

2. Crimes concerning H hospitals;

(a) Violation of the Medical Service Act;