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(영문) 대전지방법원 2020.09.17 2020고단1999
사기등
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. Defendant A is a doctor to operate the Seo-gu Daejeon building C and the “E” in subparagraph 4.

Around March 30, 2017, the defrauded: (a) the Defendant prepared a prescription to the effect that F would prepare a false medical record as if he/she provided the above medical treatment, and prescribe alcarbama as if he/she provided the above medical treatment; (b) filed a claim for medical care benefit costs with the National Health Insurance Corporation; (c) obtained 10,402 won from the Corporation as the name of the medical care benefit cost from the Corporation to the 16th day from May 2017, and acquired it by defrauding 386,760 won in total from the name of the medical care benefit cost for 16 persons from that time to May 2017.

B. 1) A medical person who prepares a false medical record, such as a medical record, shall not prepare a false medical record or intentionally make an additional statement or amendment differently from the fact. Nevertheless, around March 30, 2017, the Defendant prepared a false medical record of F from E, including the false statement of F, as described in attached Table 1 to 5, 8, or 16, and prepared a false statement of crime list from around that time to May 2017, respectively. 2) A medical record was prepared by stating that 14 persons were infried as having been infriended with evidence proof. 2) No medical record may be prepared and issued a prescription to the patient, etc. unless the Defendant was engaged in the medical service business and directly conducted a medical examination.

Nevertheless, the defendant around March 30, 2017, the above-mentioned 1. A.

In addition, even if the doctor did not directly examine the F as described in the list of crimes, the patient prepared and issued a prescription “one time per day of Alcarmagine, three times per day of administration, and 30 days per total number of administered days”, and the prescription was made that the patient did not directly examine 16 persons from around that time to May 2017, as shown in the list of crimes in the attached Form.

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