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(영문) 부산고등법원 2015.09.10 2015노283

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed by non-medical personnel in collusion with E and B to establish and operate the so-called “G convalescent Hospital” under which the Defendant, who is a medical personnel, can be called the so-called “office funeral hospital”. The Defendant acquired the medical care benefit cost of approximately KRW 1.35 million from the National Health Insurance Corporation for about two years and six months in the course of its operation, and at the same time acquired the medical care benefit cost of approximately KRW 65 million deposited by the Republic of Korea and Busan Metropolitan City, and at the same time, received the delivery of reference to the part of the instant crime in the reasoning of the judgment newly used for the purpose of indicating the “indirect subsidy” rather than the “indirect subsidy” equivalent to the same amount of false application. As such, the Defendant’s crime may ultimately undermine the health and safety of the people, damage to the medical insurance finance finance, and thus, it is necessary to strictly punish the Defendant, even if there is no clear evidence that the Defendant did not properly recover from damage.

However, after the defendant was prosecuted, all of the crimes of this case is recognized, and the defendant was trying to recover money borrowed by the defendant, and there are circumstances to consider the situation. There are no problems arising from the medical acts such as diagnosis and response against the patient in this case, most of the money that the defendant received from the National Health Insurance Corporation was used as employee's benefits, hospital operating expenses, etc., and the acquisition of money by the defendant seems to be only some of them.