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(영문) 서울중앙지방법원 2017.09.26 2017고정2381
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a herb doctor who operates a “D Han Council member”.

On November 4, 2011, the Defendant, at the above Han-won located in Gangnam-gu Seoul E and 202, provided F with “afluoral reduction, melting,” which is the subject of non-benefit, to F, entered the present symptoms into F’s treatment register as “bluoral counseling, brucing, fluoring, and fluoring,” and claimed KRW 22,130 of the cost of medical care (medical care) to the National Health Insurance Corporation (Medical Care) around December 1, 201.

However, in fact, given that the medical expenses were collected from F by conducting non-benefit treatment, and that the F provided medical treatment to F due to the “accommencation of official duties,” which constitutes the subject of medical care benefits, the medical expenses should not be claimed for medical care benefits.

The Defendant received 22,130 won for medical care benefits from the Republic of Korea (the National Health Insurance Corporation) and received 1,204,660 won in total from October 4, 201 to April 2, 2012 by the aforementioned method as indicated in the list of crimes in attached Form 79 times, as well as from October 4, 201 to April 2, 201.

Accordingly, the Defendant was given a total of KRW 1,204,660 by deceiving the victims of the Republic of Korea (National Health Insurance Corporation).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written accusation;

1. Application of six copies in total to the prosecution and police investigation reports, and the investigation reports by person under investigation, respectively; and

1. Article 347 (1) of the Criminal Act and the selection of fines, inclusive, by the relevant legal provisions and the choice of punishment for the crime;

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

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

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