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(영문) 광주지방법원 2018.04.12 2018고단105

사기등

Text

Defendant

A Imprisonment of two years, Defendant B imprisonment of ten months, Defendant C of a fine of four million won, and Defendant D of a fine of three million won.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and B;

(a) No person, other than doctors, dentists, midwifery, the State, local governments, corporations established for the purpose of rendering medical services, non-profit corporations, quasi-governmental institutions, local medical centers, or the Korea Veterans Welfare and Healthcare Corporation) may establish a medical institution;

Defendant

A around December 13, 2016, around 2016, acquired from R “ Q oriental medical hospital” equipped with medical facilities and equipment of 55 patient beds from Gwangju Mine-gu P, and controlled the operation of the above hospital’s facilities, employees, and fund management, etc., and Defendant B provided medical treatment for patients who found the above hospital under the name of the founder of the above hospital on the condition that he receives KRW 15 million monthly salary.

As a result, the Defendants conspired to establish a medical institution even though they are not Defendant A’s will.

(b) Where a person who is not eligible to establish a medical institution, in violation of the Medical Service Act, employs a medical doctor to provide medical treatment, he/she shall not claim expenses for medical care benefits or medical care benefits under the National Health Insurance Act;

Nevertheless, the Defendants, while establishing and operating a hospital in violation of the Medical Service Act as described in paragraph (1), conspired to claim expenses for medical care benefits and medical care benefits by submitting a statement of expenses for medical care benefits and medical care benefits to the Health Insurance Corporation as if the said hospital was duly established, and received 60,450,490 won for medical care benefits and medical care benefits by claiming medical care benefits and medical care benefits to the victim on or after December 2016, and thereafter, paid 440,302,510 won for medical care benefits as well as payment of medical care benefits from September 25, 2017, from that time until September 25, 2017.

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