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(영문) 수원지방법원 평택지원 2019.07.12 2018고단2107
사기
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 8, 2013, the Defendant is a herb doctor operating “C Hanwon” in Ansan-si B.

The defendant, using personal information of his family members or supporters, stated false medical records as if he actually received medical records while he did not receive actual medical treatment at the above Council members, and used them, used them, thereby serving as belonging to the National Health Insurance Corporation, and claimed medical care benefits to acquire pecuniary benefits.

Accordingly, on November 12, 2013, the Defendant prepared a false medical examination and treatment record as if he/she received medical examination and treatment due to “a fluorites and tensions” without having actually received medical examination and treatment at the above hospital. On December 11, 2013, the Defendant filed a false claim for medical care benefits with the National Health Insurance Corporation on December 11, 2013, and its affiliated amount received KRW 15,870 from the above Corporation as medical care benefit expenses, as well as from December 11, 2013 to June 8, 2015, the Defendant acquired a total of KRW 83,310,640 in total by the aforementioned method as indicated in the list of crimes in the attached Table, as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Ministry of Health and Welfare;

1. Article 347 (1) of the Criminal Act, inclusive, with regard to applicable Articles of the Act and the choice of punishment for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant sentence is about one year and six months, and the amount of fraud is about 83 million won, and the crime is not good due to the crime committed by the Defendant, who is a medical expert, by deceiving the national health insurance premiums paid by the citizens. However, considering the fact that the Defendant's mistake is recognized and the amount of fraud is fully recovered, it is too harsh for the Defendant to cancel the license of an oriental medical doctor by a suspended sentence of imprisonment with prison labor and the judgment becomes final and conclusive.

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