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(영문) 서울중앙지방법원 2016.03.31 2015고합963
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B Imprisonment with prison labor for two years, and for one year and six months, each of the defendants A.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

No person, other than medical personnel, may establish a medical institution, and no medical institution established pursuant to the Medical Service Act may claim expenses for medical care benefits under the National Health Insurance Act.

1. H members;

A. On October 2005, the Defendants borrowed the name of the JJ from around 1st, 2005 to around 2nd, the first floor of Gyeonggi-si I and from around 1st, the second floor of Gyeonggi-do, which had a doctor establish a medical institution under his/her own trade name and conduct medical treatment for patients suffering from a hospital, and requested the National Health Insurance Review and Evaluation Institute to submit a medical care benefit statement to the National Health Insurance Review and Evaluation Institute for review and to notify the results of the review, and acquired the same by receiving from the victim of the National Health Insurance Corporation who believed to be true the above date and time to January 2012 the sum amounting to 2.99,1720,000 won as the aggregate of the care benefit costs from the above date and time to January 2012.

2) Defendant B indicated in the indictment around June 2012 as “ around July 2012.” However, in light of the fact that: (a) the sum of KRW 150,098,560,000,000,000,000,000,000,000,000 won, which was the insurer’s charge incurred due to the medical treatment around June 2012, Defendant B, when the name of H members was changed to J (the investigation record No. 165 pages); and (b) the sum of KRW 1,560,00,000,000,000,000,000,000,000 won were included in the amount of the insurer’s charge incurred as a result of the medical treatment around June 2012.

From June 2012 to September 2015, Defendant A: (a) provided medical treatment to patients suffering from the above hospital from around June 2012 to around September 2013; (b) submitted a medical care benefit statement to the Health Insurance Review Evaluation Institute to request review; and (c) notified the result of the review, Defendant B received the sum of KRW 1.50,980,000,000,000,000,000,000,000,000 from the above money from the victim to the truth; and (c) obtained the money from Defendant A as the account of J, for the purpose of medical care benefits, such as the daily list of crimes (2).

(b) fraud;

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