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(영문) 서울북부지방법원 2019.07.17 2019고단471

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a doctor who operates Dobong-gu Seoul Metropolitan Government B and 2nd floor C.

Where any false or other unlawful means, or does not interfere with daily life, any person shall not claim the costs of medical care benefits as the costs of all kinds of medical care benefits, such as acts, medicine, materials for medical treatment, etc. provided or used, in cases where such acts are not for the purpose of improving the required physical function

1. The Defendant, around July 2, 2012, entered the injury and disease claim for health insurance against D who provided non-benefit treatment, such as cosmetic and beauty art purposes, into the victim’s health insurance claim (other dayless knee-off certificates), and received KRW 9,530 of the health care benefit cost around August 9, 2012, upon filing a false claim with the victim’s National Health Insurance Corporation.

In addition, from around that time to July 3, 2015, the Defendant obtained a total of KRW 13,212,850 over 1,824 times, as indicated in the attached list of crimes (1) from around that time, and acquired it by fraud.

2. On July 3, 2012, the Defendant: (a) entered the injury and disease (explosion in body) for which the health insurance claim is possible for E who provided non-benefit treatment, including the cosmetic and beauty art purpose; (b) filed a claim for health care benefit with the Health Insurance Corporation; and (c) received KRW 6,510 of the health care benefit cost from the Health Insurance Corporation around August 9, 2012.

In addition, from around that time to July 3, 2015, the Defendant obtained a total of KRW 1,909,375 on a 201 occasions, as indicated in the attached list of crimes (2) from around that time to around that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. G statements;

1. Fact-finding certificates;

1. A written accusation;

1. Application of investigation order, administrative disposition, medical care benefit cost specifications, copies of medical treatment records, book copies, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (generality of fines and choice of fines);

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;