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(영문) 부산지방법원 2016.08.19 2016고합262
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

[Presumption Facts] In order to reduce the economic burden of patients and enhance their quality of meals by bearing part of the meals of the hospital for which the patient has been fully borne by the Health Insurance Corporation from June 1, 2006, Article 29(2), Article 42(1), (2), and (7) of the National Health Insurance Act, Article 24(1) and (2) of the Enforcement Decree of the National Health Insurance Act, and Article 8 of the Regulations on the Standards for Payment of the National Health Insurance Benefits (Ordinance of the Ministry of Health and Welfare) of the Ministry of Health and Welfare (Ordinance of the Ministry of Health and Welfare), with the revision of "the health insurance benefit and the points equivalent thereto" as stipulated in Article 206-3 of the Public Notice of the Health and Welfare Act, at least 5 additional charges shall be newly established, and at least 20 additional charges shall be provided to patients who have been provided with non-health insurance benefits, and at least 5 additional additional charges shall be provided to at least 20 general cooks, and at least 5 additional charges shall be provided to patients who have been selected.

The term "affiliated" of the above notice is not a formal conclusion of an employment contract, but a determination is made according to whether a person is actually employed by a medical care institution and under the direction and supervision of the medical care institution, etc.

The defendant is the representative director of F Co., Ltd. in Busan Shipping Daegu E (hereinafter referred to as the "F"), and F is the patient, employee, etc. of H hospital under the entrusted operation of the restaurant in the premises of H hospital located in Busan Dong-gu G.

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