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(영문) 서울중앙지방법원 2013.09.05 2013고단1869
상습사기등
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a year of imprisonment for a defendant B, and for a period of eight months of imprisonment for a defendant C, respectively.

(2).

Reasons

Punishment of the crime

Defendant

A is a pharmacist who actually operates the L Pharmacy in K in Jung-gu, Seoul with a pharmacist's license granted by J; Defendant B is a real estate rental business operator; Defendant C is a doctor who operates the Nwon in the third floor of the Ma building in Jung-gu, Seoul.

1. Defendants A, B, and C’s joint criminal conduct (Habitual Fraud) issued a prescription with respect to those who did not actually conduct a medical examination centering on their own will and conspired to claim medicine expenses, etc. from the National Health Insurance Corporation to distribute profits as if they prepared the actual medicine. Defendant B proposed that Defendant C, who was a doctor, would issue a prescription to those who did not actually conduct the medical examination as above. Defendant C also conspired to acquire profits by claiming medical benefits, etc. from the National Health Insurance Corporation by using the prescription issued as above.

Although the Defendants did not directly examine the O or prepare actual medicine at around January 9, 2006, the Defendants issued a prescription as if they directly diagnosed theO, and submitted it to the National Health Insurance Corporation as if they had directly diagnosed theO, and received 6,460 won as medical benefits from the victim’s medical care from around that time to February 28, 2011, as indicated in the separate crime list (1) between around 31,420,313 won as stated in the separate crime list (1). Defendant A received a claim for medical benefits of 4,982 items as stated in the separate crime list from around 200 to February 28, 201. Defendant A, as if he drafted drugs on the basis of the prescription issued as above, deceiving the victim and received 36,220 won as medicine expenses from the National Health Insurance Corporation affiliated thereto, and received 36,620 won from the National Health Insurance Corporation to February 28, 2011 (2).

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