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(영문) 대전지방법원 2017.07.14 2017고단1390
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a herb doctor operating the “C Hanwon” in Daejeon Jung-gu.

On June 2, 2011, the Defendant filed a request for the examination of medical care benefits by inputting false information as if he/she directly provided medical treatment in the computer computer system as if he/she had actually been provided with medical treatment, and transmitting it to the Health Insurance Review Evaluation Institute. Upon receipt of the notice of the result of the examination, the Defendant received 11,270 won from the National Health Insurance Corporation as the payment of medical care benefits from the victim to the truth, and received 11,270 won as the payment of medical care benefits from the patient, or made a false request as if he/she did not actually provided medical treatment or medication. From around that time to January 3, 2014, the Defendant acquired the total amount of KRW 70,708,80 in total from the National Health Insurance Corporation as the payment of medical care benefits from the victim from the victim to October 27, 2011 to December 24, 2013, and paid the total amount of KRW 25,25,000 from the head of the Daejeon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes entered in a written accusation filed by the Minister of Health and Welfare;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. To attend the same time, such as the reflection of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, repeated crimes over a long period, recovery of damage, and the absence of any other punishment force.

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