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(영문) 대구지방법원 2016.08.18 2015고단6266
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a herb doctor operating “D Hanwon” in Daegu Suwon-gu C.

On October 20, 2010, the Defendant entered the details of medical treatment as if he/she provided medical treatment to the patient E by accessing the aforementioned D's computer system to request medical care benefits from the above D's Council members, and claimed medical care benefits to the National Health Insurance Corporation.

However, there was no fact that E was treated at the same time.

As above, the Defendant: (a) by deceiving the Victim Corporation; (b) received KRW 9,540,00 from the Victim Corporation as the Corporation’s charge for the said patient; and (c) received KRW 12,487,960 from that time to March 29, 2013, total sum of KRW 930, such as the list of crimes in attached Form 12,487,960.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F, G and H;

1. Application of Acts and subordinate statutes to the written accusation and the list of petitioners for expansion of the number of days of internal origin;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In the case where: (a) a basic area (within six months to one year and six months) (special mitigation) [a person] a penalty is not imposed or considerable damage is recovered; (b) a person commits a fraudulent crime by deceiving the court in the trial proceedings (in the case where the method of improper operation, etc. was adopted) or by deceiving the court during the trial proceedings, the punishment shall be determined as per the disposition, taking into account the following circumstances, such as the following circumstances and the defendant’s age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc.

D. Unfavorable circumstances: The Defendant committed this case of fraud directly related to his/her duties in order to obtain unjust economic benefits as a herb doctor who requires strong ethical awareness, and the said fraud was committed for a long time, and the amount of damage is also reasonable.

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