특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal by the Defendant and his defense counsel asserted mistake of facts, misapprehension of legal principles, and unreasonable sentencing as the grounds for appeal, but both the grounds for appeal other than unfair sentencing were withdrawn on April 30, 2019 at the second trial date (date of appeal).
The imprisonment (one year and six months) imposed by the original court (the first instance court) is too unreasonable.
2. The instant crime is established and operated in collusion with C even though the Defendant is not a medical personnel, and the operation of the instant type of hospital is likely to disrupt sound medical order aimed at the Medical Service Act and cause harm to the health and safety of the people.
Furthermore, from May 201 to April 2017, the Defendant, by deceiving medical care benefit expenses from the National Health Insurance Corporation from the National Health Insurance Corporation, has harmed the financial soundness of the National Health Insurance Corporation, in which the nation operates the insurance premium as a financial foundation.
However, in the trial of the court of first instance, the defendant is seriously against the defendant, recognizing all the facts charged of this case.
In addition, although the defendant committed the crime of this case by using the FF association, the Medical Service Act does not absolutely prohibit the establishment of a medical institution by a non-profit corporation.
The amount equivalent to the medical care benefit cost that the defendant acquired by deception seems to have been used to operate the hospital of this case, the benefits acquired by the defendant and the joint principal offender in reality do not reach the total amount of fraud, and even according to the facts charged, the defendant is a condition that he receives only KRW 2,500,000 per month in return
It is difficult to view that the instant hospital is the same as the instant hospital provides excessive medical treatment or false medical treatment because it actually provided medical treatment by an oriental medical doctor without treating patients.
Defendant is a disabled organization for a long period of time.