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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and two months.
However, this judgment is delivered to the defendant A.
Reasons
Punishment of the crime
[criminal power] On June 9, 201, Defendant B was sentenced to the suspended sentence of two years and fine of 5,000,000 won for a violation of the Medical Service Act at the Incheon District Court on June 9, 201, and the said judgment became final and conclusive on June 17, 201.
【Criminal Facts】
1. On September 21, 2007, Defendant A, with knowledge of the fact that “B” is not a medical personnel on the 3rd floor of the Dobong-gu Seoul Metropolitan Government Building, concluded a partnership agreement with the Defendant to jointly operate the hospital and jointly operate the hospital with a view to distributing the remaining 40% of the revenues to “B,” and established “H dental clinic” with various medical equipment and equipment, and filed a report on the establishment of dental clinic in the name of the Defendant with the Dobong-gu Office, and thereafter, established the dental clinic jointly with B and the above H dental clinic in collaboration with B, not a dentist, and established the dental clinic as a medical institution in collaboration with B.
Accordingly, the Defendant conspireds with non-medical persons to establish a medical institution.
2. The Defendants agreed to distribute profits from the operation of dental clinics to the same business, and agreed to establish H dental clinics under the name of A to increase profits while jointly operating H dental clinics, the Defendants filed a false claim for insurance benefits and medical benefits with the victims of the National Health Insurance Corporation, and conspired to receive and divide them.
On December 3, 2007, the Defendants: (a) ordered the first person working as the head of the H dental clinic at the above H dental clinic to access the insurance benefit claim program using a computer installed therein; (b) on November 11, 2007, J filed a claim with the victim for insurance benefits of KRW 8,790, as if the Defendants were to have received medical treatment by committing the said H dental clinic; and (c) on November 16, 2007, K filed a claim for medical benefits of KRW 42,691, as if having received medical treatment by committing the said H dental clinic.
However, there was no record that J and K had received medical treatment at the above H dental clinic on each of the above dates.