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(영문) 서울서부지방법원 2018.10.12 2018고단2189
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an oriental medical doctor operating the Eunpyeong-gu Seoul Metropolitan Government “C Hanwon”.

On November 1, 2013, the Defendant claimed expenses for medical care benefits on October 3, 2013 against D, a national health insurance policyholder, for medical care benefits on the ground of self-determination.

However, on October 3, 2013, the defendant did not have any medical examination and treatment of D at the above Korea Council member.

As above, Defendant deceiving a person in charge of payment of expenses for medical care benefits belonging to the National Health Insurance Corporation, and that person received KRW 20,560 from the National Health Insurance Corporation as expenses for medical care on November 19, 2013, and had the victim received KRW 20,560 from the National Health Insurance Corporation, as expenses for medical care benefits, from that time to September 1, 2016, and acquired KRW 13,719,60 in total by the same method through 673 times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to CDs of claim details, investigation report (to attach data submitted by the National Health Insurance Corporation on the details of payment of benefits for medical care insurance), such as records of medical treatment of exemplary persons and copies of medical treatment records;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment shall be determined in consideration of the following circumstances, including the fact that the punishment is against mistake, the circumstance that the damage was not recovered, and the age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime;

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