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(영문) 창원지방법원 2015.06.10 2013고정615
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From February 23, 2007 to August 18, 2010, the Defendant is a doctor who operated the “E Council” in 205 the Haan-gun D apartment shop in Haan-gun from February 23, 2007.

When claiming medical care benefit costs, the recipient shall record the fact that he/she has actually provided medical treatment in a medical care institution, and shall accurately claim it according to the details of the medical treatment.

Nevertheless, on June 4, 2009, the Defendant, by deceiving the National Health Insurance Corporation, which is an insurer in the above member of the National Health Insurance Service, received treatment by suffering from injury or disease, such as acute organ infection in which it is not known in detail, prepared the medical records and claimed KRW 7,070, and subsequently acquired them by claiming KRW 72,350, which is the sum of the medical care costs, on nine occasions until February 24, 2010.

In addition, from January 1, 2009 to August 18, 2010, the Defendant acquired 39,97,090 won in total over 4,623 times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses G in the 9th trial records;

1. Examination protocol of the accused by prosecution;

1. An investigation report (a list of requests for false or unjust acts by person who has filed a report);

1. Application of Acts and subordinate statutes to the Ethical collection ledger;

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

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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