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(영문) 서울중앙지방법원 2016.01.08 2015고합1043
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant B, a non-medical person’s doctor, lent the name of the medical institution to Defendant A, who is not a medical person, and Defendant A, operating a medical institution under the name of Defendant B, paid KRW 9 million each month to Defendant B as wages and fees for lending the name.

Accordingly, from November 1, 2007 to August 201, 2014, Defendant A was equipped with medical facilities such as treatment rooms and water treatment rooms on the Seoul F, 2, and 3rd floor, Gangdong-gu Seoul. Defendant B filed a report on the establishment of medical institutions with the name of G fixed outdoor medical clinic in the name of Defendant B, and Defendant B et al. had medical doctors, such as Defendant B et al. conduct medical treatment against patients suffering from the above hospital.

As a result, Defendant A and Defendant B, who is not a medical personnel, conspired with each other to establish a G Jeong-type medical clinic for the above period.

2. The fraud against the National Health Insurance Corporation: (a) Defendant A, while establishing and operating the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) together with Defendant B; (b) from December 2, 2007 to September 2014, Defendant A requested the National Health Insurance Review Evaluation Institute to review medical care costs for patients and received notification of the result of the examination from the victim to the National Health Insurance Corporation; (c) deceiving the victim as if the above hospital was a medical care institution duly established under the Medical Service Act; and (d) was paid from the victim totaling KRW 1,730,857,277 as stated in attached Table I for medical care benefits.

As a result, the Defendants conspired to obtain the care benefit costs of KRW 1,730,857,277 from the injured person during the above period.

3. The fraud of the Labor Welfare Corporation against Defendant A, as seen above, established and operated a staff member of the G G Jeong with Defendant B, claiming medical expenses from December 5, 2007 to September 1, 2014 for the provision of the employee’s medical care benefits to the Victim Labor Welfare Corporation, and the said hospital is lawful in accordance with the Medical Service Act.

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