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(영문) 수원지방법원 안양지원 2015.07.03 2015고합20

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 15,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On January 23, 2014, Defendant B was sentenced to imprisonment with labor for a crime of violating the Medical Service Act at the Incheon District Court on July 24, 2014, and the judgment became final and conclusive on July 24, 2014.

2. Criminal facts;

A. The Defendants’ co-principal foundation F (hereinafter “instant foundation”) was established as a fundamental property on May 2, 2006 as KRW 500,000,000,000, but Defendant B withdrawn KRW 500,000 as the above fundamental property on May 2, 2006, and used the above foundation in paying the borrowed amount to pay the borrowed amount, and there is no fundamental property for the said foundation. The Defendants conspired to open and operate H in the name of the said foundation in Seocheon-gu, Seocheon-gu, Seoul.

On January 26, 2012, the Defendants reported the establishment under the name of “Hwon, a foundation,” and Defendant B substituted the above hospital acquisition fund, and Defendant A operated the above hospital by overall control of affairs such as employment of employees and fund management.

As a result, the Defendants conspired to establish a medical institution.

(b) No person who receives or aids and abets another person to receive insurance benefits by fraud or other improper means;

Nevertheless, the Defendant, other than medical personnel, submitted a statement of medical care benefit costs to the Health Insurance Review and Assessment Service on March 2, 2012 when operating H as above, and requested an examination by submitting it to the Health Insurance Review and Assessment Service on March 2, 2012, and received KRW 3,225,980 as health care benefit under the name of health care benefit on March 21, 2012, and received KRW 550,225,980 from the victim under the name of health care benefit on December 24, 2013 as shown in the separate list of crimes, and received KRW 50,225,980 in total from the National Health Insurance Service to December 24, 2013 at the same time as indicated in the separate list of crimes.

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