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(영문) 인천지방법원 2016.12.23 2016노3995
사기등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of KRW 10,000,000.

Defendant .

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment; eight months of imprisonment; two years of suspended sentence in six months of imprisonment; and two years of suspended sentence and eight hours of community service order in six months) is too unreasonable.

2. Determination

A. Defendant A and B had a favorable condition to the above Defendants, such as the fact that the above Defendants were found to have made a final judgment, and that there was no record of criminal punishment for the same kind of crime in the case of Defendant A. However, since the establishment of a medical institution by a non-medical person is likely to have a serious impact on the body and health of the people, it is necessary to impose strict punishment corresponding thereto. Defendant B, despite the history of criminal punishment for the same crime, was involved in the long-term establishment of a medical institution by a non-medical person with a view to taking advantage of the mission as a doctor. The crime of fraud of this case was committed by the above Defendants in collusion with the above medical institution established by Defendant A, not a medical personnel, and acquired large-amount medical care benefits from the National Health Insurance Corporation for a long time while operating the medical institution established by the above Defendants A, not a medical personnel. This goes against the health and order of the people, and thus, requires strict punishment. Nevertheless, the above Defendants cannot be deemed to have made any effort to recover damages from the perspective of the above Defendants.

B. A mission of the above defendant C as a doctor.

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