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(영문) 서울북부지방법원 2020.03.12 2019고정1492

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

1. On January 20, 2018, the Defendant treated D at “C Council members” located in Dongdaemun-gu Seoul, Seoul, and issued a prescription under the name of E, and then, the National Health Insurance Corporation stated the facts charged of the crime of the victim in the crime of the National Health Insurance Corporation as “victim National Health Insurance Corporation” but corrected it as a clerical error.

A claim for the Corporation's charges, as if they were actually treated E.

However, the defendant was aware that D was given medical treatment by stealing E's resident registration number as above.

Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 9,340 from the victim as the Corporation’s charge, and received KRW 115,410 in total over 13 times from around that time to October 30, 2018, as shown in the annexed crime list.

2. No person, other than a doctor, dentist, or oriental medical doctor who directly provides medical services in violation of the Medical Service Act and directly provides a medical examination or examined examination, shall prepare a medical certificate, autopsy report, certificate, or prescription and deliver or dispatch it to a patient;

Nevertheless, around January 20, 2018, the Defendant, without directly examining E at the above “C Council member”, prepared a prescription in the name of E and issued it to D. From around that time to October 30, 2018, the Defendant prepared a prescription in the name of E without directly examining E 13 times in total, as shown in the attached crime list, and issued it to D.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written confirmation of payment of medical expenses, health insurance benefit details, recording records, and the defendant and his defense counsel knew that they conducted a medical examination of E through D's proxy and thus, they did not have intention to obtain fraud, and the defendant knew that he was receiving medical treatment by stealing the resident registration number of E.

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