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(영문) 수원지방법원 안산지원 2018.06.21 2018고단971

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2014, the defendant is a doctor who operates a mutual hospital called ‘E member' in Silung-si D.

According to the attached Table 2 of Article 9(1) of the Regulations on the Standards for Medical Care Benefits for National Health Insurance, an act of providing or using medicine and treatment materials for a skin disease that does not interfere with business or daily life shall not claim expenses for medical care benefits under the National Health Insurance Act.

Nevertheless, on October 2, 2015, the Defendant: (a) performed cryp learning, etc. subject to non-payment to F, who visited the said hospital for the management of the skin for beauty art purposes; and (b) received a total of KRW 26,727,620,00 from July 31, 2014 to September 12, 2016, as indicated in the list of crimes in attached Table 3,153 to receive medical care benefits for 3,153 occasions, as if he/she performed a treatment of alphar infection in the cause of unknown difficulties in business or daily life; and (c) claimed medical care benefits from the victim to the National Health Insurance Corporation; and (d) subsequently, he/she received medical care benefits costs of KRW 7,000 from the victim to the victim; and (e) obtained such money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written accusation and a list of petitioners for medical care benefits after medical treatment eligible for non-benefit benefits;

1. Application of Acts and subordinate statutes to Ethsin's body;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case in which the defendant, who is a doctor requiring high professional ethics, has performed beauty treatment not subject to the medical care benefits through 3,153 times for a period exceeding one year, and then has received the payment of medical care benefits by deceiving the National Health Insurance Corporation as if he had done the treatment subject to the medical care benefits, and is paid 2,600 won, and is a crime in light of the frequency, method, and amount of fraud.