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(영문) 서울북부지방법원 2014.09.19 2014고단1706

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who renders a summary prize in Dongdaemun-gu Seoul Metropolitan Government C.

1. On June 2008, the Defendant of the joint criminal conduct with D was recruited to employ D who is a herb doctor, and to operate one Council member under the name of D. A.

No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.

From June 19, 2008 to July 17, 2009, the Defendant was equipped with medical facilities, such as diagnosis rooms, bedclothes, etc. in Dongdaemun-gu Seoul Metropolitan Government, and the Defendant offered D a monthly wage of KRW 4 million per month, and the Defendant established and operated “E Institute” in the name of D.

(b) Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed an oriental medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;

The Defendant, from June 19, 2008 to July 17, 2009, hired D from “E Council members” to treat patients. The Defendant claimed medical care benefit costs from the National Health Insurance Corporation to the victims of the National Health Insurance Corporation, and received a total of KRW 40,462,310,00, in total, from 14 times as indicated in the list of crimes in the separate sheet of crime, from August 18, 2008 to August 20, 2009, as indicated in the list of crimes in the name of D.

As a result, the Defendant conspired with D to establish a medical institution without medical personnel, and received a total of KRW 40,462,310 from the National Health Insurance Corporation for the purpose of medical care expenses.

2. On July 2009, the Defendant, a co-principal with F, employed F and F, a herb doctor, and recruited to operate one Council member in F’s name. A.

No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.

From July 17, 2009 to August 16, 2011, the Defendant was equipped with medical facilities, such as diagnosis rooms, bedclothes, etc., in Dongdaemun-gu Seoul Metropolitan Government, and the Defendant offered F a monthly wage of KRW 5 million per month, and opened and operated “E” in the name of F.

(b) fraud;