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(영문) 광주지방법원 2017.06.22 2015고단3808 (1)

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 21, 2016, the judgment was finalized on April 29, 2016 after being sentenced to a suspended sentence of two years and four years of imprisonment for a violation of the Medical Service Act at the Gwangju District Court.

The Defendants established a F Medical Consumer Community Cooperative (hereinafter referred to as “F Medical Life Cooperative”) along with the university’s literature, and established G Council members, and Defendant B overall managed the hospital, and Defendant A conspired to manage the hospital funds.

On April 15, 2014, the Defendants obtained authorization from the Gwangju Metropolitan City of the establishment of the F Medical Livelihood Cooperation, and completed the report on the establishment of the “G Council member” in the name of the F Medical Life Cooperation.

However, in fact, the F Medical Credit Union was established formally to operate the “G Council members,” because it was not known that most of its members were subscribed to or paid contributions to the F Medical Credit Union. Defendant B paid part of the contributions to the F Medical Credit Union, and some of its executives were not involved in the F Medical Credit Union operation.

1. On April 18, 2014, Defendants in violation of the Medical Service Act established “G Council members” under the name of F Medical Life Fighting Assistance after obtaining authorization to establish the F Medical Life Collaboration in the name of the F Medical Life Fighting Assistance after having formally established the “G Council members” in the “G Council members” located in Gwangju North-gu, Gwangju, and provided with one doctor, one nursing assistant, one physical care assistant, etc., employed them, treatment room, hospitalization room, physical treatment room, etc.

Accordingly, the Defendants conspired to establish a medical institution as a person who is not a doctor.

2. No person, other than medical institutions established normally pursuant to the Medical Service Act, may claim expenses for medical care benefits under the National Health Insurance Act;

The Defendants conspired to operate the “G Council member” from April 21, 2014 to April 2015, and claimed expenses for medical care benefits to the Health Insurance Review and Evaluation Institute, and received KRW 282,516,260 in total from the National Health Insurance Corporation as stated in the attached list of crimes.

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