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(영문) 서울중앙지방법원 2016.06.16 2014고단1235 (1)

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person may establish a medical institution, other than a medical doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act (hereinafter referred to as "medical doctor, etc.");

Nevertheless, the Defendant, not oriental medical doctors, equipped with the medical facilities such as the president, bedroom, etc. with the second floor of the building located in Dongdaemun-gu Seoul Metropolitan Government, and operated a medical act, such as preparing herb drugs against the patient, or having him/her out of the bed, the first floor, and the second floor of the building in Dongdaemun-gu, Seoul, with one doctor’s joint defendant E, and had him/her report on the establishment of a oriental medical clinic by employing a doctor as a joint defendant E, and had the above E perform medical acts from September 3, 2007 to November 18, 200

As a result, the Defendant conspired with the above E and opened a medical clinic as a medical institution.

2. From July 4, 2008 to operate the second floor F Care Center of the building located in Dongdaemun-gu, Seoul, the Defendant was willing to receive long-term recuperation benefits from the victim of the National Health Insurance Corporation by using the name of other medical care care care care care protection company in the name of the victim, such as the medical care care care protection company, the beneficiary’s family member who did not obtain the qualification for medical care care care care protection company, the beneficiary’s family member who did not obtain the qualification for medical care care care protection company, the beneficiary who did not buy liability insurance, and the care care protection company who alone provided the visiting bathing service (the visiting bathing is executed by two persons)

Notwithstanding the fact that the Defendant, from October 7, 2008 to November 201, at the home of a beneficiary of long-term care for senior citizens located in Dongdaemun-gu Seoul Metropolitan Government, and that there was no fact that H had provided a visiting medical care benefit to G, the Defendant prepared a record sheet as if H had provided a medical care benefit to G around January 7, 2009 at the National Health Insurance Corporation branch office located in Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, Seoul, and submitted an application for payment of medical care benefits to the victim, thereby deceiving the staff in charge of the victim, and then deceiving the victim as a beneficiary of medical care.

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