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(영문) 부산고등법원 (창원) 2018.04.11 2017노283

사기등

Text

Defendant

The appeal filed by A, B, C, and Prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against Defendant A, B, and C (two years of imprisonment for Defendant A, three years of suspended execution, three years of suspended execution, one year of suspended execution, and two years of suspended execution for Defendant A) is too unreasonable.

B. The lower court’s sentence (as seen earlier with respect to Defendant A, B, and C, and fine of KRW 1.5 million with respect to Defendant D) declared by the lower court against the Defendants is unreasonable.

2. Determination

A. The crime of this case on the grounds of common sentencing committed by the Defendants: ① (a) in collusion with Defendant A, B, and C, the nurse manpower of the O hospital (hereinafter “the instant hospital”) to the National Health Insurance Corporation; (b) Defendant A, alone, by falsely reporting the medical manpower of the instant hospital to the National Health Insurance Corporation; and (c) Defendant B, in collusion with Defendant C, lent the nurse license for the instant hospital to Defendant A in the process; (b) Defendant A aided and abetted the patients to receive medical care expenses by receiving medical care expenses by claiming medical care expenses through the method of claiming medical care expenses as patients for hospitalized patients; and (c) in collusion with Defendant A, C, etc.; and (d) Defendant A prepared a false nursing record in collusion with Defendant A, etc.; and (c) Defendant A instructed Defendant D, other than a person in charge of narcotics, etc., a pharmacist and an oriental medical doctor, to prepare mental drugs; and accordingly, Defendant D prepared a native mental medicine.

In particular, among the crimes of this case, the part concerning the crime of defraudation against the victim who is the principal crime of the National Health Insurance Corporation is causing damage to the financial soundness of the National Health Insurance Corporation operating the national health insurance system as a financial foundation by disturbing sound medical order and causing the financial insurance premiums paid by the people.