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(영문) 의정부지방법원 2018.02.22 2016고단5370

사기등

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2016 Highest 5370]

1. Defendant A, a general director of the I convalescent Hospital, located in Gyeonggi-gu H, G, the Defendant, who is the president of the G, was in charge of the operation of the said convalescent Hospital.

J is the chief of the above convalescent, K is the chief of the nursing department of the above convalescent, K is the chief of the said convalescent, L is the chief of the nursing department of the said convalescent, M is the number of nurses, N,O, P, Q, R, S, and T are the nurses working in the said convalescent Hospital, and U is the patient hospitalized in the said convalescent hospital.

(a) No person shall introduce, mediate, or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's share under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, or instigate such act;

However, around December 4, 2015, Defendant A transferred KRW 23,389,90,00 in total on 12 occasions, as shown in attached Table 1, from December 4, 2015 to October 20, 2015, the sum of KRW 23,389,90 in total, using the account in the name of U, the Defendant’s seat on the same day under the pretext of continuing to be hospitalized in the I care hospital without moving the patient into another hospital.

As a result, the defendant introduced, arranged, or entices patients to medical institutions or medical persons for profit such as providing money or other valuables.

2) A medical person shall not prepare a false medical record, etc. or intentionally enter or revise a false medical record, etc. differently from the fact.

Defendant A, even though he was hospitalized in the I convalescent Hospital around April 2015, in order to prepare a false nursing log, he was hospitalized in the I convalescent Hospital so that he could receive insurance money from the insurance company. Defendant A, in sequence, order the J, K, L, M, T, R,O, N, S, P, Q, etc.

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