beta
(영문) 부산지방법원 2013.06.11 2012고단10398

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From August 8, 2008, the Defendant was a representative who opened and operated a medical corporation E Hospital (hereinafter “E hospital”) in the Seo-gu Busan District Medical Corporation D (hereinafter “E hospital”) from around October 3, 2008, and around November 10, 2008, the Defendant claimed drug preparation expenses from the Victim’s Health Insurance Corporation (hereinafter “The Victim’s Health Insurance Corporation”) under the above hospital, as he administered the medicine prepared by L, a full-time pharmacist, to patients G, H, and H on October 18 of the same month.

However, the defendant did not employ a pharmacist to act on behalf of the above LL during Saturdays, Sundays, and leave, so he was aware that M, N, andO, who is a general employee of the dispensary, was preparing drugs.

On December 1, 201 of the same year, the Defendant, by deceiving the victim as above, received KRW 2,196,710 from the victim to the Busan Bank account (P) in the name of the Defendant, as well as from around that time to June 28, 2012, by remitting KRW 2,196,710 in total under the same name as shown in the attached crime sight table 2.

2. Since a pharmacist other than a pharmacist who violates the Pharmaceutical Affairs Act is not allowed to prepare medicines, the defendant shall employ M, N, orO, other than a pharmacist, as a pharmacist's employee, have him/her work to assist the pharmacist's L, and where the above L is not present at work, another pharmacist shall be temporarily employed to substitute for his/her work.

On October 4, 2008, the above M prepares drugs at will even if a pharmacist did not work at the above E Hospital, and even if the above L did not work from around September 26, 2009 to September 26, 2009, as shown in attached Table 3, and the above N prepares drugs even if the above L did not work as shown in attached Table 4 from around February 6, 2010 to May 26, 2012, the aboveO prepared drugs, and the aboveO prepared drugs from June 26, 2010 to May 26, 2012 as shown in attached Table 5.

참조조문