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(영문) 부산지방법원 동부지원 2018.04.19 2017고단505 (1)

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

Defendant

A From November 1, 200 to November 23, 2013, from around November 1, 2000 to around November 23, 2013, he administered C hospital in the Busan Gun and administered the hospital business, including operation, drug and physical therapy, confirmation of admission and discharge, and issuance of diagnosis certificates, and management supervision of employees.

1. The criminal defendant committed fraud with intent to have patients undergo hospitalized treatment even though they need no longer need to undergo hospital treatment after he/she completed a certain medical treatment, such as taking for vaccination at C hospital, due to minor symptoms of the patients, and had the patient undergo hospital treatment for a long time due to the symptoms of the patients, and received money as travel expenses from the victim, as the travel expenses for hospital pay, from the victim, by deceiving the National Health Management Corporation.

Accordingly, at around August 11, 2011, the Defendant diagnosed patients who were suffering from a disease as “other leapitis, sulpitis, shoulder part,” and drafted a record of treatment, etc. as being hospitalized for 29 days from that time by September 8, 2011.

However, the above disease was sufficiently available for medical treatment, and according to the content of the treatment during the period of hospitalization, the disease was determined to undergo 84 times examination of active symptoms (the blood pressure, beer, respiratory, and physical temperature). However, 27 times among them was not properly hospitalized due to lack of records or lack of records, and it was not actually hospitalized due to the lack of records, and it was not conducted during the entire period of hospitalization, such as being conducted outpatients at the place of Busan, etc.

Nevertheless, the Defendant: (a) prepared a register of medical treatment as if he/she had completed adequate medical treatment and hospitalized treatment; and (b) claimed the expenses for medical treatment to the victim; and (c) received KRW 770,410 from the injured party as the expenses for medical treatment benefits; and (d) from February 25, 2010 to September 16, 2013, the Defendant paid KRW 770,410 to the injured party as the expenses for medical treatment benefits.