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(영문) 부산지방법원 2015.04.24 2014고합638

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

With respect to the act of opening and operating the "G convalescent Hospital" by employing Defendant E and Defendant B, acquiring medical care benefit costs from the National Health Insurance Corporation, acquiring medical care costs from victims and receiving subsidies from the victim Republic of Korea and Busan Metropolitan City, and receiving subsidies through false application, the prosecutor seems to have prosecuted the above act as a crime by classifying it based on the period in which each of the above acts was conspired with E and the period of solicitation with Defendant B.

However, in light of the fact that Defendant A’s establishment and operation of “G convalescent Hospital” or the method of acquiring medical care benefit costs from the victim and acquiring medical care costs from the National Health Insurance Corporation, and simultaneously repeated and continued the same way of receiving subsidies from the victim and the Busan Metropolitan City upon making a false application; Defendant A was scheduled to repeat and continue each of the above crimes during the entire period of operation of the “G convalescent Hospital”. In light of the fact that multiple criminal acts repeated and continued as such are deemed to have been committed repeatedly and continuously under the single and continuous criminal intent regardless of whom Defendant A had employed as his/her will, it is reasonable to deem that each of the instant criminal acts against Defendant A committed each of the instant crimes including the entire period of operation of the “G convalescent Hospital” by Defendant A.

On the other hand, it is merely a different evaluation of the legal evaluation of the number of crimes, not a fact that is different from the facts charged in the instant case subject to prosecution, but there is no concern that the exercise of the defendant A's right to defense may actually be disadvantaged. Thus, it shall be judged differently from the facts charged in the instant case ex officio without any changes in the indictment concerning the facts and the number of crimes

1. Any person who violates the Medical Service Act shall be a doctor;

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