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(영문) 대구지방법원 서부지원 2014.04.17 2013고합236

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, with respect to Defendant B, for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No one shall introduce, mediate or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the amount to be borne by the patient under the National Health Insurance Act or the Medical Care Assistance Act, providing money or goods, etc., or providing transportation to many and unspecified persons, etc., in violation of the Medical Service Act (defendant A, B, or C);

Nevertheless, the Defendants conspired to induce patients by means of discounting their own shares or paying the introduction fee to those who introduce patients.

The Defendants offered transportation convenience by discounting 115 inpatientss under the National Health Insurance Act from August 201 to September 30, 2013 at K Hospital in the Daegu-gun J from around August 2011 to around September 30, 2013, at a discount of KRW 171,495,312 to 171,49,312 to 100,000 to 50,000 to 10,000 won or a gift certificate equivalent to 50,000 won or 50,000 won as a referral fee to the person who introduced the patient.

As a result, Defendants conspired to induce patients for profit.

2. The Defendants and L conspired to receive medical care benefits, patient principal charges, and insurance proceeds from a non-life insurer, by abusing the fact that if they operate directly a hospital restaurant, compared to the case of operating directly a hospital restaurant, the amount of medical care benefits, patient principal charges, and insurance proceeds can be received more than the case of operating directly the hospital’s restaurant. However, even if they entrusted the operation of the restaurant to L, the above hospital’s restaurant was operated directly, and as if they were directly operated, the patient principal charges, and insurance proceeds

In collusion with L on May 1, 2012, the Defendants were to receive a deposit of KRW 400 million from M Co., Ltd. operating L around May 1, 201.