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(영문) 전주지방법원 군산지원 2017.08.31 2016고합148
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of six months.

Reasons

Punishment of the crime

"2016 Gohap 148"

1. Defendant A

(a) No person who violates the Medical Service Act shall establish a medical institution, other than a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation or a quasi-government institution (hereinafter “doctor, etc.”) under the Civil Act;

On February 17, 2015, the Defendant employed medical professionals, such as medical doctors, and provided 22 hospitalization rooms, 101 beds, medical treatment rooms, and physical treatment rooms, etc., and obtained permission to change matters requiring permission to establish a long-term care hospital in the name of “medical corporation GH convalescent hospital” in the previous Dos, and operated HH convalescent hospital (hereinafter “the instant hospital”) by establishing a medical institution using the name of G in the name of medical corporation and treating many unspecified patients from that time to June 30, 2016.

Accordingly, the Defendant established and operated a medical institution as a person who is not a doctor.

B. Where a person who is not eligible to establish a medical institution violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Medical Service Act in violation of the National Health Insurance Act has employed his/her doctor to provide medical services, he/she shall not claim expenses for medical care benefits under

Nevertheless, the Defendant: (a) opened the instant hospital and operated the hospital in such a way as described in the foregoing A; (b) had the medical doctor F et al. treat the patient on March 9, 2015; and (c) requested the Health Insurance Review Institute to submit a detailed statement of expenses for medical care benefits to the Health Insurance Review Institute and to request the National Health Insurance Corporation to review the patient as if the instant hospital was a lawful medical institution under the Medical Service Act.

Accordingly, on March 26, 2015, the defendant paid 11,527,060 won as the Corporation's charge from the injured party who knew of the above facts.

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