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(영문) 수원지방법원 안양지원 2016.01.29 2015고합96

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On May 2010, the Defendants employed Defendant B, a doctor of Defendant A, and conspired to open and operate the hospital in the name of Defendant B.

On May 12, 2010, the Defendants established and operated a “G hospital” in the name of Defendant B by having the medical room, hospitalization room, etc. on the 1 and 3th floor of the F-Si, Mapo-si, Mapo-si, and Defendant A employed Defendant B and provided medical treatment.

As a result, the Defendants conspired to establish G hospital, not medical personnel.

2. Where a person who is not eligible to establish a medical institution in violation of the Medical Service Act on the Aggravated Punishment, etc. of Specific Economic Crimes has employed his/her doctor to perform medical practice, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act;

From May 12, 2010 to November 30, 2014, the Defendants provided that Defendant A employed Defendant B, etc. at “G Hospital” and provided medical treatment to the patient. The Defendants claimed KRW 18,148,848,740 as the cost of providing medical treatment benefits to the victims, and acquired the amount of KRW 12,675,558,100 among them by receiving the delivery of KRW 12,675,58,100 among them.

As a result, the Defendants conspired to establish a medical institution without medical personnel, and received a total of KRW 12,675,558,100 from the National Health Insurance Corporation for the purpose of medical care benefits.

Summary of Evidence

1. Each legal statement of the witness H, I, J, and K;

1. Protocols concerning the prosecution of the public prosecutor, police suspect, etc. against B, L, and A;

1. Each e-mail (315 - 431 e-mail), the review report on e-mail data of the suspect A, the e-mail data (589 - 680 ), the investigation report (G hospital lease relation, etc.), the result of the execution of the warrant of tracking the account (1072 - 1143 -), and the result of the execution of the warrant of search and seizure (1349 - 169 - 1690 ) (the page), the identification of the head of the bank of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea, the loan certificate, the business plan, the articles of incorporation and the minutes of the board of directors of the corporation, cash receipt and disbursement books, the books of account, the summary of each hospital's internal telephone call book, the letter of acceptance of the report on the transfer of general property, the application for reporting on the transfer