사기
The defendant's appeal is dismissed.
1. The circumstances are that the defendant has no record of being punished for the same kind of crime, that the amount acquired by deception is less than three million won, that the defendant returned a considerable part of the medical care benefits that was acquired by deception or recovered to the National Health Insurance Corporation, and that he was subject to administrative disposition such as the suspension of the doctor's license due to the instant crime, etc. are considered favorable to the defendant.
However, the crime of this case is punishable for a violation of the Medical Service Act that: (a) although the defendant operated a hospital as a doctor without receiving physical treatment; (b) had employees, such as nursing assistants, prepare false medical records; and (c) had them receive unfair medical care benefits from the National Health Insurance Corporation; and (d) caused the crime of this case repeatedly over a considerable period of time; (b) the defendant was punished for a violation of the Medical Service Act that issued an ex post facto prescription in accordance with the drug list prepared without a prescription from his/her pharmacy; (c) the defendant tried to conceal and reduce the crime by receiving a false statement stating that “the defendant did not directly participate in the crime of this case; and (d) submitting it to an investigation agency after receiving a false statement that “the defendant was not directly involved in the crime of this case; and (e) taking into account various sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, family relations, circumstances leading to the crime, and circumstances after the crime, even if the defendant asserts other circumstances, it cannot be deemed unreasonable.
2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.