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(영문) 서울중앙지방법원 2018.08.16 2018고단32

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of two million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a director of L Cooperatives (hereinafter referred to as “L”) who is linked to a hospital and a general company to intermediate the medical examination, etc., and Defendant B is a dental doctor.

1. On October 2013, Defendant A, who committed a joint crime by the Defendants, demanded Defendant B to take a business trip examination, and Defendant B had the intent to conduct a dental examination that only dentists can conduct.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

According to the foregoing public offering, Defendant B, at the N Office located in Seo-gu Incheon Metropolitan City on April 16, 2014, had 97 persons, includingO, prepare a dental diagnosis report on dental habits, etc., and conducted dental examinations and make a comprehensive determination as to whether it is necessary to provide dental treatment. From October 29, 2013 to June 19, 2014, Defendant B performed a total of 2,039 non-licensed medical practice on a total of 34 occasions, such as written in the list of crimes in the attached Table.

As a result, the Defendants conspired to conduct medical practice without a license.

2. No person who has received insurance benefits or has another person receive insurance benefits by fraudulent or other illegal means;

The Defendant received KRW 12,877,520 as indicated in the list of crimes in the attached Table from October 29 to June 19, 2014, including: (a) the Defendant applied for insurance benefits to the National Health Insurance Corporation under the name of a dentist, and received KRW 6,270,00 from the victimized person to the national bank account in the name of R, which is the representative of Q dental clinic to which P belongs, under the name of a dentist, even though he/she had a dental private person B conduct the oral examination that only a dentist could perform; (b) the Defendant applied for insurance benefits to the National Health Insurance Corporation under the name of a dentist; and (c) the Defendant received from the injured person to the national bank account in the name of R, which is the representative of Q dental clinic to which P belongs.

Accordingly, the defendant deceiving the victim to deliver property to a third party, and at the same time he/she commits fraud or other acts.