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(영문) 대구고등법원 2016.08.18 2015노479
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The Defendant made a confession of all the crimes of this case and reflects his mistake.

There was an act of infringing upon the basis of the Medical Service Act, such as medical treatment by a person who is not a doctor, in a convalescent hospital established by the defendant

It does not seem to be seen, and it seems that considerable part of the collection procedure for the expenses for medical care acquired through deceit will be recovered.

These circumstances are the reasons for sentencing to be considered for the defendant.

However, the crime of this case goes against the legislative intent of the Medical Service Act for the purpose of establishing a sound medical order and protecting the health of the people by strictly restricting the medical personnel with medical expertise or persons with public character, and the quality of the crime is heavy in that it worsens the financial soundness of the National Health Insurance Corporation.

The defendant changed the name of medical personnel and operated the E convalescent Hospital for about four years, and the sum of the medical care benefits costs acquired by deceit exceeds 4 billion won.

When the defendant is released by himself, the defendant will sell the above hospital and reimburse the expenses for medical care acquired by deceit and succeed to employment of 50 employees.

A request for release on bail was made while undertaking, and this court permitted release on bail on October 23, 2015, but did not submit any data about ten months in consideration of the fact.

Rather, it is doubtful whether it is higher to reduce its scope of responsibility through administrative litigation, etc., and whether it is true reflector, and whether it is the intention to return the cost of medical care acquired by deceit or not.

Around October 2015, the National Health Insurance Corporation decided to recover medical care benefit costs (817,792,930 Won) from medical doctor Q and Defendant of the above hospital. Around that time, the Defendant’s defense counsel decided to withhold payment of care benefit costs to Q from that time, and up to January 2016.

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