Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who actually operated one member of the “C” with medical facilities, such as medical treatment rooms, water treatment rooms, bedclothes rooms, and sugar rooms, at a store of approximately 45 square meters located in Dong Government-si B.

1. No person other than medical persons may establish a medical institution;

Around June 21, 2010, the Defendant established a medical institution in collusion with the above D by allowing D, an oriental medical doctor, to pay for KRW 3 million each month, employing D, requiring D to report the establishment of a medical institution under the name “C” in the name of “C,” and allowing D, from that time to August 16, 2010, to provide medical treatment for the patients suffering from the location.

2. No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act;

On August 2, 2010, the Defendant provided medical treatment to the above D patients, who are oriental medical doctors employed by the Defendant, and submitted a statement of medical care benefit costs to the Health Insurance Review and Assessment Service to review them. Upon receiving notification of the result of examination, the Defendant was transferred KRW 6,090,180 from the Victim Health Insurance Corporation who believed the result of examination to be true to the new bank account in the name of D around August 19, 2010.

The Defendant received KRW 1,864,140 from the victim as medical care benefit expenses in the same manner on September 13, 2010.

Accordingly, in collusion with the above D, the Defendant acquired a total of KRW 7,954,320 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 87(1)2 and Article 33(2) of the Medical Service Act related to the relevant criminal facts; Article 30 of the Criminal Act; Article 347(1) of the Criminal Act; Article 30 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.