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(영문) 광주지방법원 목포지원 2019.08.23 2019고단198

사기방조

Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a doctor who operates the Dane foreign affairs department in Mapo City C, and Defendant B is a director of the original affairs division of the above hospital, and Defendant A is a person who assists Defendant A, the director of the hospital, and supervises patient management and administrative affairs.

The Defendants, despite being aware of the fact that they conspired with each other that they want to make false hospitalization due to the lack of necessity of hospitalization, in order to obtain insurance proceeds of KRW 750,000 from August 20, 2012 to September 3, 2012 from the date of normal hospitalization at the above hospital, Defendant B received insurance proceeds of KRW 750,000 on the same day by claiming the victim F from September 4, 2012, Defendant B had the first floor of the above hospital undergo the continued hospitalization of E from August 20, 2012. From August 20, 2012 to September 3, 2012, Defendant A agreed to make false hospitalization, while Defendant B and the nurse easily received the aforementioned hospital’s request for nursing treatment, and issued the document confirming that the above hospital was being hospitalized and discharged from the hospital, etc., and Defendant B and the nurse issued the document confirming his/her request for nursing, etc. around 2014.

From February 13, 2009 to July 17, 2015, the Defendants assisted the so-called “insurance fraud” of E, G, H, I, J, K, L, M, M, N, P, Q, Q, Q, Q, S, T, U, V, W,W, W, and X by facilitating the commission of the crime by receiving the total amount of KRW 589,40,29,00 won from the victim company from February 13, 2009 to July 17, 2015, by facilitating the commission of the crime by receiving the total amount of KRW 589,40,40,00 from the victim company.

Summary of Evidence

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Each police statement made to the Y (Gain), Z (Gain), AA (Gain), AB, AC, AD, AE, AF, AG, AH, AI, and AJ;

1. Ak copy of the investigation report (a copy of the statement of a witness AK), and the statement;

1. An investigation report (related to attachment of a list of pre-contracteds in custody), books of pre-contracteds, 1.