logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.08.23 2018노226
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) the sentence (three years of imprisonment) sentenced by the court below is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the Defendant appears to have been aware of all of the instant crimes and against each other; the Defendant’s medical practice for the patients was conducted by qualified medical personnel in violation of the Medical Service Act; the medical practice for the patients itself for the patients seems not to have any serious problem like impairing the patient’s health and safety; the benefits actually acquired by the Defendant appears to be less than the amount of the instant fraud as the Defendant used as operating expenses, including monthly salary for the staff of the Council members or the hospital from the National Health Insurance Corporation; the Defendant has no criminal history other than three times before and after the punishment of the instant crime; the Defendant has a good social relationship; the health of the Defendant is not good, such as high blood pressure and urology; and the Defendant’s family members have difficulty in preparing their livelihood due to his absence.

However, the instant crime committed by the Defendant, a non-medical person, in violation of the Medical Service Act which strictly prohibits the establishment of medical institutions, established the consumer life cooperative in the form of the form of a non-medical person, and made the appearance of the cooperative as if the cooperative directly established and operated the medical institution, and operated the instant council member or hospital for at least three years on March 4, 2014 by establishing and operating the medical institution. As such, as if it were a lawful and normal medical institution, the National Health Insurance Corporation claims for medical care costs for patients by deceiving the victim as if it were a lawful and normal medical institution, and then its employees pay more than KRW 2.6 billion in total from the victim.

arrow