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(영문) 서울중앙지방법원 2015.09.04 2015고합140
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B Q, BR and F shall be punished by imprisonment for each year and six months.

However, as to Defendant B Q from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person other than a medical person may establish a medical institution, and no person other than a medical institution established under the Medical Service Act may claim medical care benefit costs under the National Health Insurance Act.

Defendants B and BR jointly invested in violation of the Medical Service Act, and acquired the 2.1 billion won of the acquisition price of the Dongdaemun-gu Seoul CJ Hospital from CI. Defendant BR invited Defendant F, a doctor, to invite the president of the hospital. Defendant B Q overall control over the management of the hospital, and Defendant F conspired to establish and operate the BP hospital by providing the name of the medical institution under the condition of receiving wages of 16 million won each month.

Defendant

B Q and R acquired the BP hospital from CI, and around June 1, 2012, the previous hospital facilities were used with Defendant F, a doctor, and reported the establishment of the name of the BP hospital in the name of Defendant F to the Dongdaemun-gu Public Health Center.

From this point to December 11, 2012, Defendant F gave medical treatment to patients, and Defendant B Q, as the deputy head of the administrative office, took overall control of the administration of the hospital, including the administrative affairs of the hospital, the raising of operating funds, cash receipts and disbursements, and the attraction of patients.

Accordingly, even if Defendant B Q and R are not medical personnel, they established a medical institution in collusion with Defendant F, a medical personnel, in the name of Defendant F.

The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant B Q, BR, and F, from June 1, 2012 to December 11, 2012, to Defendant F, and BP hospital established in collusion with Non-Medical Personnel, and Defendant F, Q, and BR, as stated in the foregoing paragraph 1, are deceiving Defendant F, and BP hospital was established under the Medical Service Act by submitting a medical care benefit statement to the Health Insurance Review and Assessment Service and notifying the results of the examination by submitting the statement of medical care benefit costs to the Health Insurance Review and Assessment Service, as well as by notifying the victims of the examination of the examination. Accordingly, the victim’s total sum of KRW 1,39,403,680, as stated in the attached Table I.

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