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(영문) 광주지방법원 2015.02.11 2014고단4076

사기등

Text

Defendant

The punishment against A shall be 15 million won, and the punishment against Defendant B shall be determined by imprisonment with prison labor for eight months.

Reasons

Punishment of the crime

Defendant

A is an oriental medical doctor as the president of G oriental medical hospital in the Dong-gu, Gwangju, and the defendant B is the chief of the above oriental medical hospital.

From among the patients who were enrolled in the above oriental medical hospital, the Defendants: (a) registered the patients as inpatients, and (b) received appropriate hospitalization for a given period; and (c) received money as medical care benefit expenses from the National Health Insurance Corporation by pretending that the patients received adequate hospitalized treatment for a given period; (b) upon having issued a written confirmation of entrance discharge, etc. to the patients, Defendant A plays a role of preparing a false medical table as if the patients who actually received outpatient treatment were receiving normal hospitalized treatment; and (c) Defendant B conspired to attract false inpatients and to take overall charge of claiming for medical care benefits and issuing a written confirmation of entrance discharge to the patients according to the direction of Defendant A.

1. Although the Defendants conspired to and around July 6, 2013, the fact at the above oriental medical hospital was aware that the patient H was not in need of hospital treatment because of minor symptoms, and that the patient’s residence, workplace, etc. was free from free communication, etc., the Defendants, despite of the knowledge that the above H was hospitalized, and then continued to be hospitalized at the above hospital, filed a claim for medical care benefit expenses with the National Health Insurance Corporation as if the above H had received medical care expenses from the victim’s employee’s non-name and received KRW 1,00,250 in the name of the victim’s medical care expenses, and received them by fraud from the victim’s employee as shown in attached Table 1, as shown in attached Table 1, including that the 40 patients hospitalized at the above hospital from January 4, 2013 to August 1, 2013 had received normal hospital treatment, the sum of 3.3.