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(영문) 의정부지방법원 2017.02.01 2016고단3900
정신보건법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the 'E Hospital' affiliated with the medical corporation located in Pyeongtaek-gun C in Gyeonggi-gun.

1. With respect to a patient hospitalized in a mental medical institution with the consent of a person without protection, when the director of the mental medical institution has received an order of discharge according to the result of the examination of the Basic Mental Health Deliberation Committee, the patient concerned shall be immediately discharged;

Nevertheless, the Defendant, at the E Hospital on February 5, 2013, received a notice from the Committee for Deliberation on Basic Mental Health to the patient F, and delayed discharge from the above F on February 13, 2013 after being notified of the discharge order from the Committee for Deliberation on Basic Mental Health on February 5, 2013, and did not immediately discharge 45 patients, including F, etc., from the Committee for Deliberation on Basic Mental Health, as in attached Table 1.

2. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraudulent or other illegal means;

Therefore, the Defendant, at the E Hospital on April 4, 2013, received a notice from the Committee for Deliberation on Basic Health for Patients to order the discharge of patients G on April 13, 2013, and received a notice of the order to discharge the above G on April 13, 2013, and received a notice of the order to discharge the aforementioned G from the date when 2 days elapsed to the date of the above discharge, and did not notify the National Health Insurance Corporation, requested travel expenses for medical care benefits until April 13, 2013 to the National Health Insurance Corporation, and received KRW 533,328 from the National Health Insurance Corporation for medical care benefits for the above 8 days from the time of the request, and received KRW 65,132,682 in sum from the National Health Insurance Corporation for medical care benefits for 92 persons, including G, by the aforementioned method as in the table 2 of the crime list in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Each prosecutor's statement to H, I, and J (including each part of the statement to K and L);

1. Each investigation report (the details of individual benefits of the National Health Insurance Corporation within the jurisdiction of mental medical institutions);

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