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(영문) 서울고등법원 2019.02.21 2018노2783

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The summary of the instant crime is that, although the Defendant was not entitled to establish a medical institution, the Defendant, in collusion with B, etc. to establish a consumer cooperative formally and in collusion with B, etc. to establish a medical institution, he/she acquired approximately KRW 5.2 billion in total from the National Health Insurance Corporation by deceiving the victim of the total sum of KRW 5.2 billion.

The defendant shows his attitude to reflect in depth by recognizing all the crimes of this case.

Medical personnel were treated at each of the above medical institutions, and there seems to be no particular problem in the medical treatment itself.

The defendant is the first offender.

The above is the circumstances favorable to the defendant.

On the other hand, it is necessary to strictly punish non-medical persons in terms of disturbing sound medical order, causing risks to national health, and ultimately causing damage to the people by impairing the financial soundness of the National Health Insurance Corporation.

In addition, the crime of this case is not consistent with the purpose of legislation of the Consumer Cooperatives Act in that it abused the consumer cooperatives as an stimulative means to conduct health care business of non-medical personnel prohibited under the Medical Service Act, and is more likely to be punished.

The defendant establishes three medical institutions in the name of Dental Life Cooperatives and operates them for about one year and six months to five years, etc., and the degree of violation of the Medical Service Act is more severe, and the sum of medical care benefit costs acquired in the process is more than 5.2 billion won.

The above is the circumstances unfavorable to the defendant.

The above circumstances and the defendant's age, family relation, character and conduct, environment, motive, means, results, and circumstances after the crime of this case, and the records and arguments of this case.