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1. The defendant A shall be punished by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal record] On October 26, 2015, Defendant B was sentenced to three years of suspension of execution on January 3, 2015 by imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on November 3, 2015.
[Criminal facts]
1. No person who violates the Medical Service Act may establish a medical institution unless he/she is a medical doctor or any other medical person;
Defendants are members of the Ansan-si, Gyeonggi-do, 201.
C. At the third floor office of the building, Defendant A employed Defendant B, who is the doctor of Defendant A, and recruited to operate the hospital in the name of Defendant B.
From November 5, 2012 to March 15, 2013, the Defendants provided medical facilities, etc. on the second to fourth floor of the above building, and Defendant A provided monthly salary of KRW 13,00,000 to Defendant B. The Defendants reported the establishment of “D Han Council member” in the name of Defendant B, and operated the hospital.
2. Where a person who is not entitled to establish a medical institution, in violation of the Medical Service Act, has established a council member by lending the name of a doctor, employed a doctor to perform medical practice, he/she may not claim medical care benefits costs to the National Health Insurance Corporation under the National Health Insurance Act
After the Defendants established the Korea National Health Insurance Corporation as described in the above paragraph (1), they conspired to receive medical care benefits and obtain them by pretending that they are hospitals normally established and operated in the National Health Insurance Corporation.
Defendant
B treated patients at the above D Medical Center around November 2012, and Defendant A received 61,29,780 won in total over four times from around December 2012, 2012, including the amount of 11,404,820 won for medical care benefits from the victim National Health Insurance Corporation, upon receiving the victim’s request for medical care benefits from the victim National Health Insurance Corporation. From around that time to March 2013, Defendant A received the victim’s medical care benefits.
Summary of Evidence
1. Defendant A’s legal statement
1. Some statements concerning the suspect interrogation protocol against the defendant B
1. Statement made by the police for E;
1.The police of F. F.