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(영문) 수원지방법원 2015.12.17 2015고정2586
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is the former representative of the “C Hospital” located in the G of Masung City.

Although the Defendant was provided with the food costs of inpatients by being entrusted by the "D (representative E)", which is a meal service provider, the Defendant had the ability to request the National Health Insurance Corporation to be equipped with its own facilities and directly operate it, and tried to acquire insurance benefit costs by fraud.

The Defendant agreed to provide food expenses of KRW 3,00 to KRW 3,500 for each meal service provider E and food service provider, and paid the relevant food expenses to the SC Bank account (F) and the new bank account (G) and “D” operated the entrusted food service, such as paying food expenses to a dietitian, cook, etc. employed by himself/herself, and purchasing food materials, etc., but, on November 1, 201, requested the National Health Insurance Corporation to receive KRW 5,220 from November 1, 201 to July 31, 2012, the Defendant acquired the relevant food expenses by unfairly demanding the National Health Insurance Corporation to receive food expenses of KRW 5,85 times in total,58,38,030 from November 1, 201 to July 31, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. A report on internal investigation (Attachment to the submission of E data) and written confirmation;

1. A letter of request for an unfair request for investigation, a letter of request for investigation, a letter of receipt of details of the settlement of meal expenses, and a statement of accounts of restaurants of a C hospital;

1. Application of the Acts and subordinate statutes of the hospital receiving unfair claims for in-patient;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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

1. The amount of fine determined by the summary order, taking into account the following: (a) the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects his/her mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has made efforts to recover damage by paying KRW 20 million around November 2015 according to the recovery disposition of the National Health Insurance Corporation.

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