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(영문) 대전지방법원 2018.04.05 2018고단304

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a doctor who operates "C et al." located in Daejeon Jung-gu.

From October 7, 2014 to April 1, 2015, the Defendant: (a) falsely prepared a treatment record by deeming that he/she provided patients with daily tissue salt of the arms subject to medical care benefits even though he/she provided non-benefit treatment for patients; and (b) received 14,134 won from the National Health Insurance Corporation around November 3, 2014, and received 14,134 won from the victim’s person in charge of health insurance benefits; and (c) received the aforementioned non-benefit treatment from around December 1, 2012 to around April 1, 2015, through false request for medical care benefits and health insurance benefits from patients; and (d) received the aforementioned treatment record from the local government affiliated with the patient over 93 occasions as shown in attached Table 1,136, 390, 390, 397, 397, 757, 97, 757, 757, and 97).

Summary of Evidence

1. Statement by the defendant in court;

1. Written charge, computerized inquiry data at a hospital, order for investigation, and written confirmation;

1. A copy of a list of double claimant for expenses for medical care benefits after medical treatment at a non-grade level, a list of exemplary claimant for expenses for medical care benefits, and a medical treatment register;

1. A copy of a fact-finding confirmation, a request for on-site investigation, CDs, files for medical treatment records, and all kinds of files;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] is that the mitigated area (one month to one year) of type 1 (less than KRW 100 million) is considerably damaged [the person who has been specially mitigated], and that the entire amount of the money obtained by deception was returned is a favorable circumstance.