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(영문) 부산지방법원 2012.02.09 2011고정4786
사기
Text

Defendants shall be punished by a fine of five million won.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is the head of the hospital of this case, who holds 25% of the shares in the land and the building of the Fvalescent Hospital in Busan Dong-gu (hereinafter “instant hospital”), and Defendant B is the actual operator of the instant hospital, who holds 50% of the shares in the land and the building of the instant hospital.

In a case where a medical care institution that meets the standards for human resources and facilities prescribed by the Medical Service Act and the Food Sanitation Act directly operates a restaurant by directly employing human resources required for the meals of hospitalized patients, 620 won per 1 restaurant for hospitalized patients, 550 won for hospitalized patients, and 500 won for the case where a hospital-level medical institution that directly operates the cafeteria provides meals to hospitalized patients by employing at least two dietitians, and 500 won for the patient who provided meals to the relevant medical care institution, using the fact that the additional charges for the 1 restaurant for hospitalized patients are paid to the relevant medical care institution by the National Health Insurance Corporation, the Defendants, while operating the instant hospital, prepared false documents, and recruited them to receive additional charges, dietitians, and additional charges under direct management of

Therefore, the Defendants entered into a contract for the operation of the instant hospital at around February 13, 2008, stating that the instant hospital entrusted the operation of the cafeteria to G, and received food for employees and hospitalized patients, and that employees, such as dietitians and cooks, who possess a certificate of qualification necessary for the operation of the said cafeteria, are entirely responsible for the employment and payment of wages to employees, and their identity and activities, and that the said G is jointly responsible for the activities of the said cafeteria. However, the instant hospital directly operates the cafeteria and directly prepares a false contract with the title “food supply contract,” as if the instant hospital was supplied only food materials from the said G while directly operating the cafeteria.

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