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(영문) 수원지방법원 성남지원 2018.12.13 2018고단2368
사기
Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2011 to February 2018, was an employee of “E Han-won” located in Sungnam-si D and the fourth floor of Sungnam-si, and was in charge of the general affairs such as the claim for medical care benefits.

Medical care institutions, such as oriental medical doctors, are providing health insurance policyholders with medical care benefits such as diagnosis and medical treatment, and receive some of the medical care benefits costs from health insurance subscribers in accordance with the National Health Insurance Act, and operate the payment method by claiming the remainder to the Victim Health Insurance Corporation.

On January 9, 2015, the Defendant entered a new product code (650639) (65,50639), which was found to have been prescribed by the Hanwon’s Health Insurance policyholder F, who received medical treatment at the above medical clinic, into the Hanwon’s Health Insurance Corporation, as if he/she had been prescribed by the Hanwon’s Information System, and acquired the said money by transfer it to the SC bank account in the name of G, an incorporated association to which one of the above members belongs, even though the fact was not prescribed by the Hanwon’s Information System.

From that time until May 8, 2017, the Defendant acquired the total of KRW 27,264,926 on a total of 5,109 occasions, such as the list of crimes in attached Form 5,109.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H and a statement concerning H concerning the I;

1. A written accusation;

1. Application of Acts and subordinate statutes on investigation reports (Attachment of transaction details);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The basic area (from June to one year and six months) of the type 1 (the amount below KRW 100 million) of the Social Service Order / In light of the content, method, frequency, size, etc. of the sentence, the liability for the crime is not absolute.

However, the amount of damage has been recovered, and the defendant's mistake.

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