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(영문) 광주지방법원 2016.04.21 2016고정389
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall introduce, arrange or induce patients to medical institutions or medical persons for profit;

Upon receipt of a proposal from the E memberF to arrange for management of skins and sexual surgery patients, the Defendant introduced 10% of cash settlement at the time of cash settlement, and 5% at the time of credit card settlement to the E member at around January 2015, and introduced patients for profit by receiving 2.1 million won at around April 2015 from the time of the introduction to the F by around January 2015.

2. The criminal defendant committed fraud from January 26, 2014 to the same year.

2. Until December 21, 200, there was no fact that the recipient received the outpatient treatment over 11 occasions.

Nevertheless, the defendant was given medical treatment as above.

The same year upon receipt of a receipt for medical fees and medical expenses;

3. On the 31st day of the same month, the victim Samsung Fire Insurance Co., Ltd. claimed insurance money to a person in charge of the victim Samsung Fire Insurance, and acquired KRW 750,819 from the victim insurance company to the defendant Gwangju Bank (I) account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Goods printed out of each police interrogation record for J, K, L, M, N, H,O, P, and Q;

1. Application of Acts and subordinate statutes to the Gwangju Bank of Korea for the verification of the transaction of simple entry and departure, as a copy of all documents claiming insurance proceeds, copies of diagnosis and treatment tea, and copies thereof;

1. Relevant legal provisions concerning criminal facts, Articles 88, 27(3) (the point of arranging patients for the purpose of interest), Article 347(1) (the point of fraud) of the Criminal Act, and Article 347(1) of the Criminal Act concerning the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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