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(영문) 대구고등법원 2019.01.10 2018노478
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the Defendant appears to have committed each of the instant offenses, and the Defendant’s medical practice for the patients at the instant Council members or Hanwon operated by the Defendant in violation of the Medical Service Act was conducted by qualified medical personnel, and the medical practice for the patients itself seems to have not caused serious problems such as infringing on the patient’s health and safety or undermining the safety, and the benefits actually earned by the Defendant appears to be less than the amount of the instant fraud, except for one time before and after the date of the fine, there is no criminal power, and there is no particular amount of punishment except for the amount of the fine, and many of local people and local residents want the Defendant’s wife, and there is a good social ties relationship, high blood pressure, urology, urology, etc., which are favorable to the Defendant.

However, the instant crime committed by the Defendant, a non-medical person, in violation of the Medical Service Act prohibiting the strict establishment of medical institutions, established a consumer cooperative in the form of a non-medical person, and formed the appearance of the said cooperative as if the said cooperative directly opened and operated a medical institution, and operated by the Defendant up to May 2017, by opening one Council member around July 2014 and one Council member around April 2015. As such, as if the act was a lawful medical institution, the Defendant claims for medical care benefit for the patients by deceiving the victims of the National Health Insurance Corporation, and its sum is KRW 1,380,000,000 from the victims.

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