Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant is a herb doctor operating “D” in Yongsan-gu Seoul Metropolitan Government C 301 from November 2005.

On November 1, 2008, even though the Defendant administered a medication to improve the human body of thought, which is a medicine subject to non-benefit, to patients E, on or around December 1, 2008, the Defendant claimed for medical care benefit expenses as if he administered an misunderstanding acid, which is a medicine subject to benefits, to the National Health Insurance Corporation, and received 2,864 won in the name of the medication from the victim.

In addition, the Defendant, from September 1, 2006 to August 31, 2009, prescribed the drug subject to non-benefit as shown in the attached Table 1 and 2 from around September 1, 2006, filed a false claim for medical care or medical care costs, or a claim for expenses for medical care or medical care costs, and received a total of KRW 23,35,856 from the victim in total over 5,309 as shown in the attached Table 1, 2.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A factual confirmation with respect to F;

1. A copy of medical examination and treatment, a list of winners, a statement of medical care benefit costs, a statement of herb purchase, a CD (a case insurance/medical care improper name, and a claim details);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse [the reasons for the sentencing of Articles 70 and 69(2)] Fraud, and below KRW 100 million [the recommended field] basic area [the scope of the recommended sentence] six months to one year [the scope of the final sentence] [the result of the increase of multiple crimes (1/2 of the upper limit of crimes No. 2 crime No. 1/3 of the upper limit of crimes No. 2)]: June to two years [the sentencing criteria for the defendant's crime]

Furthermore, the period of the crime is long, and the number of times is high, so that the crime is more serious.

However, this case.