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집행유예
red_flag_2(영문) 수원지방법원 2006. 9. 21. 선고 2006고단2768 판결

[사기·사기방조][미간행]

Escopics

Defendant

Prosecutor

Mashee

Defense Counsel

Attorney Kang Dong-soo in charge of the Pacific Law Firm

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The thirty-three days of detention prior to the rendering of this judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

To order the accused to provide community service for 120 hours.

Criminal facts

On January 28, 2005, the Defendant appealed from the Suwon District Court on one year and six months after having been sentenced to a suspended sentence of three years and a fine of 15 million won on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). However, on July 13 of the same year, the Defendant was sentenced to dismissal of appeal on July 13 of the same year, and is currently in the final appeal, and is the head of the ○○ Hospital and the chief director of the Medical Corporation Foundation located in the Suwon City (hereinafter omitted) and is a person in charge of the operation of the hospital, such as a decision on admission and discharge of patients, a confirmation of admission and issuance

1. As to the patient’s symptoms minor and the patient’s symptoms, the patient’s disease requires no longer medical treatment after completing a certain treatment, such as injection, etc. at the above hospital, and the patient’s residence, workplace, etc. and, in fact, takes a house with the above hospital and house, and receives outpatient treatment. However, he/she is willing to receive money as the medical care expenses for hospitalization from the Victim’s Health Management Corporation by deceiving the patient who can belong to his/her hospital and received appropriate hospital treatment for a long time due to the patient’s symptoms;

On July 16, 2002, Non-Indicted 1, who was found to be a patient at the above hospital as of July 16, 2002, had Non-Indicted 1 make it possible to receive treatment while visiting a house and hospital even if Non-Indicted 1 received treatment for a long time, even if Non-Indicted 1 received treatment for the above non-Indicted 1 as an in-patient, he had the above non-Indicted 1 registered as an in-patient, and had the above non-Indicted 1 receive treatment until August 2 of the same year, but he had the above Non-Indicted 1 receive the above symptoms, such as telegraphic spatha, spatha, spathathy, high spathathy, spathy, spathy, spathy, and spathy for 18 days, to prepare a request for medical care benefit benefit under the name of 18 days, and to send it to the National Health Service, and to obtain it from the victim for the above period.

2. On July 16, 202, the above non-indicted 1 found to be a patient at the above hospital on July 16, 200, because the above non-indicted 1 was merely a minor perjury that requires hospital treatment for up to 3 days, so that even if he received hospital treatment for a long time, the above non-indicted 1 would have the above non-indicted 1 undergo hospital treatment by freely visiting the house and hospital until August 2, 200, but in fact, the above non-indicted 1 would have the above non-indicted 3 receive hospital treatment for reasons such as free communication of house and hospital, but in order to help the above non-indicted 1 receive long-term hospital treatment, the above non-indicted 20 and the above non-indicted 10 and the above non-indicted 10 and the above non-indicted 20 and the above non-indicted 10 and the above non-indicted 20 and the above non-indicted 15's certificate of hospitalization were issued to the above non-indicted 16.

3. In treating patients subject to automobile insurance and claiming medical expenses to non-life insurance companies, etc. for the purpose of receiving money and valuables by falsely claiming medical expenses;

From January 1, 200 to December 21, 203, Nonindicted 23, who had been receiving treatment due to traffic accidents at the above hospital, prepared a false request for medical expenses from the victim Dongyang Fire Insurance Co., Ltd. on the 21st day of the same month, and submitted them to the employees under the name of the victim Dongyang Fire Insurance Co., Ltd., for an excessive amount of KRW 31,440,00 from the victim's name, and received excessive amount of KRW 31,440 as the treatment expenses until September 30, 205, and obtained excessive amount of KRW 395,00 from the victim's dong Fire Insurance Co., Ltd. on the 31st day of the same month as the treatment expenses (395,000 won) under the name of the victim dong Fire Insurance Co., Ltd. until September 30, 2005.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The prosecutor’s statement concerning Nonindicted 4

1. Each protocol of examination prepared by the prosecutor, etc. of Nonindicted 1, 5, 6, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 24, 25, 26, 27, 28, 29, 30, and 31 (including each substitute part);

1. Each statement prepared by the prosecutor, etc. of the prosecution on Nonindicted 4, 10, 18, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, and 50;

1. Each statement prepared on Nonindicted 7, 8, 10, 35, 37, 38, 51, 52, 53, 54, 55, 56, 57, 58, and 59

1. Records of seizure and the list of seizure;

1. Report on the result of the investigation into the payment of insurance proceeds, notification of the result of the on-site investigation into the medical care institution, response to a request for the issuance of the details of personal spot benefits, report on the results of investigation, reports on and processing of the results of investigation, payment of persons related to ○○ Hospital, results of the analysis of medical expenses, medical expenses, medical expenses analysis and medical records, etc., details of payment of each insurance policy, details of each insurance policy, general inquiry into each insurance accident information, general inquiry into each insurance accident information, insurance policy, passbook copy, diagnosis document, etc., detailed statement of unfair claim for medical expenses, foreign exchange,

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 32(1) of the Criminal Act

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act ( normal consideration, such as that most damage was recovered from the crime of this case)

1. Social services;

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

【Attached community service order and crime sight table, etc.】

Judges Lee Jae-han