의료법위반등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the determination on the unjust assertion of sentencing by both parties, the Defendant established a medical institution in violation of the Medical Service Act by using the living cooperative system in a manner that disturbs the life cooperative system, and operated the medical institution for a considerable period of three years and three months, and attempted to defraud approximately KRW 4.27 million from the National Health Insurance Corporation, and to defraud approximately KRW 8.3 billion from the National Health Insurance Corporation.
Such crimes encourage illegal or excessive medical practice to disturb sound medical order, and bring about the aggravation of the finance of the National Health Insurance, and it is necessary to severely punish that may cause danger to the national health.
In full view of the circumstances that are unfavorable to the Defendant, including the fact that the Defendant made a confession and reflects all of the instant crimes, and most of the money that the Defendant acquired by the Defendant appears to have been used as the operating fund of the instant hospital. Medical practices such as the diagnosis and prescription for the patients of the instant hospital appears to have been performed normally by the medical personnel. The Defendant did not have the same criminal history and has no record of punishment exceeding the fine, and the Defendant’s family members and employees of the instant hospital want to have the Defendant’s wife’s wife, etc., and the sentencing conditions indicated in the records and arguments, such as the fact that the lower court’s punishment is too heavy or unfilled, and the Defendant exceeded the reasonable scope of discretion.
All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.
2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.