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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.
On September 1, 2014, the Defendant entered “C dental clinic” of the Defendant located in the fourth floor of the Manam-si, Sungnam-si, the fourth floor of B building in the medical record and filed a claim with the National Health Insurance Corporation for KRW 43,030 of the medical care benefit cost by inputting the content thereof into the said dental clinic’s computer system on October 8, 2014.
However, in fact D did not have visited the above dental clinic at the time stated in the above medical records, so there was no fact that the defendant provided D with the same medical records as the above medical records.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 43,030 of the medical care benefit cost from the victim around September 1, 2014 to September 25, 2017, and acquired KRW 76,592,981 in total from the bank account, etc. in the name of the Defendant’s wife from the victim via the above method, such as the list of crimes in attached Table 2,976 times from September 1, 2014 to September 25, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the current status management system of medical care institutions (No. 3), the results of searching the current status management system of medical care institutions (Evidence List), the specifications of medical care benefit costs and copies of medical care records (Evidence List 6), the list of persons who have entered false statements in the internal date (Evidence No. 7), and the account
1. The applicable provision of the criminal facts and the applicable provision of Article 347(1) of the Criminal Act for the reasons for sentencing of punishment: The scope of punishment according to the sentencing guidelines for one month to ten years of imprisonment [the decision of type] shall be the scope of recommendation [the general fraud of category 1] below 100 million won [the amount of aggravated punishment]: Where a person repeatedly commits a crime for a considerable period [the area of recommendation and the scope of recommended punishment] increased area, imprisonment for one year to June.