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(영문) 대구지방법원 2016.01.08 2015고정897
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Additional food charges system for in-patients] The Ministry of Health and Welfare, from June 1, 2006, partially borne by the National Health Insurance Corporation for the patient's in-patients who have been fully borne by the patient, to reduce the economic burden of the patient and improve the quality of meals, shall pay 50 won to the general food out of the meals for inpatientss, 3,390 won to the food of the patient, and 50 won to the above food, if there are two or more full-time dieticians employed by the hospital, 50 won to the above food, 50 won to the above food, where there are two or more full-time cooks, and 2 or more food teams selected by at least one in-patients, added 620 won to the above food, and the additional dues to be paid to the above food of the patient at least 4,390 won to the patient's general food and the additional dues to be paid to the above food of the patient at least 5% to the patient's average number of the above food of the patient.

On the other hand, in order to receive the above-patient additional dues, dietitians and cooks should not be employed formally, and they should be employed by the hospital and under the direction and supervision of the hospital.

[Criminal facts] The Defendant is a person who operates D (On-the-job E; hereinafter “D”) a hospital or school meal service company.

The Defendant entered into a contract on the entrusted operation of a restaurant within the hospital with the F Hospital (hereinafter referred to as the “F hospital”) on August 2010, and upon receiving a request from a person related to the above hospital, the Defendant shall, in a formal manner, have a dietitian and a cook in the restaurant within the hospital under the jurisdiction of the above hospital in order to receive additional dues for in-patients upon receiving a request from the person related to the above hospital, and the personnel expenses for dietitians and

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