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(영문) 인천지방법원 2019.04.26 2018고정2393

의료급여법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant and B are siblings, and B are beneficiaries of medical benefits;

No person shall receive medical benefits or cause a third party to receive medical benefits by deceit or other fraudulent means.

Nevertheless, in order to provide medical treatment to the part of the frop, which is suffering from the frop, the Defendant was hospitalized in the D Hospital located in Jung-gu Incheon Metropolitan City from October 12, 2017 to December 1, 2017 and received medical benefits of KRW 21,516,960 as the Defendant was hospitalized in the D Hospital located in Jung-gu Incheon Metropolitan City after misappropriation B’s name, and ② from January 1, 2018 to December 1, 2018.

2. By the end of 19.19. F Hospital located in Nam-gu Incheon Metropolitan City E indicated the facts charged in KRW 7,873,950 as “ KRW 7,873,590,” but according to the evidence duly adopted and investigated by this court, this is obvious that it is a clerical error in the “7,873,950,” and thus, it is corrected accordingly.

There is a fact that he has received medical benefits benefits.

As a result, the Defendant stated the facts charged of KRW 29,390,910 in two occasions by unlawful means as “29,390,550,” but it is apparent that the sum of each of the unlawful payments mentioned above is “29,390,910,” and thus, it is corrected accordingly.

There is a fact that he has received medical benefits benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Requests to investigate an illegal recipient of medical benefits;

1. Summary of discharge, and summary of injury;

Application of Acts and subordinate statutes, such as personal investigation statements;

1. Article 35 (4) 3 of the Medical Care Assistance Act applicable to the relevant criminal facts and Article 35 (4) 3 of the selection of punishment (generally, selection of a fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the reasonable circumstances] show the attitude of recognizing and opposing the instant crime.

The defendant is currently entitled to medical benefits due to an accident stated in the judgment.