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(영문) 광주지방법원 2018.05.16 2017고단5504

사기

Text

Defendants shall be punished by imprisonment for one year.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendant

A As an oriental medical doctor, from January 201 to September 2017, A served as the head of the “D oriental medical hospital” hospital in Gwangju North-gu, Gwangju, and Defendant B was a person who introduced patients to be falsely hospitalized to the above hospital for the same period and received fees.

1. The Defendants’ fraud did not require hospitalization, but, as if the patients were hospitalized in order to receive the indemnity medical insurance money in a normal manner, the Defendants expressed that they would encourage hospitalization against the patients who want to be hospitalized, and that they would claim false insurance money to each affected insurance company and receive the payment of the insurance money. Defendant B prepared a draft of the first diagnosis report with the patients to be hospitalized, and issued medical records, such as medical records, as if they had been hospitalized, and written out a draft of the first diagnosis report with the patients to be hospitalized, and the patients who would be actually hospitalized in the first diagnosis book, entered into “E”, “F”, “G” and “G” and the patients who did not receive the medical treatment only after being hospitalized were hospitalized. Defendant A also issued a certificate of confirmation of admission.

Accordingly, the Defendants issued a written confirmation of hospitalization and discharge as if they had received hospital treatment during the pertinent period of time when they had received hospital treatment without undergoing hospital treatment between June 1, 2017 and June 14, 2017 by the aforementioned method at the above D oriental medical hospital, and the patients were to receive KRW 1,361,575 under the pretext of medical expenses, etc. on June 30, 2017, upon receiving a claim for insurance money from the victim I. < Amended by Presidential Decree No. 28204, Jun. 1, 2017>

In addition, between January 16, 2017 and July 26, 2017, the Defendants conspiredd to provide 40 patients with total sum of 71,122,965 won from the victim insurance companies for insurance proceeds.

2. The defendant A-.