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(영문) 수원지방법원 안산지원 2016.02.18 2015고단892
사기
Text

Defendant

A and C shall be punished by imprisonment for six months, and by imprisonment for one year, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who works as the head of the "K Hospital" administration department located in Ansan-si, the defendant B works as the head of the "M hospital" administration department located in Ansan-si, and the defendant C works as the head of the "O hospital" administration department located in Ansan-si, Ansan-si.

Defendant

B On September 4, 2013, on the 12th of the same month, a suspended sentence of two years was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) at the Suwon Franchi, and the judgment became final and conclusive.

In order to receive additional charges from the National Health Insurance Corporation for dietitians and cooks from the victims of a hospital restaurant, at least two full-time dietitians and cooks shall be employed directly, and in order to receive additional charges directly, the dispatched employees shall not operate the restaurant, and in fact, the hospital shall operate the restaurant using the employees belonging to the hospital.

The Defendants, even though they entrusted Q, the P Representative Q with the operation of the restaurant of the hospital, prepared relevant documents as if they directly employed two or more full-time dietitians, cooks, etc. while operating the restaurant of the hospital, and, on the basis of these documents, intended to have the victim obtain them by false application of various additional charges related to the operation of the hospital (such as additional charges, dietitians, and cooking charges).

1. On April 5, 2010, Defendant A entered into an entrustment contract with Q from the office of the above K Hospital to a cafeteria within the K Hospital.

The content of the K Hospital shall provide Q Q with all facilities in the restaurant, and Q shall be paid KRW 100 million on the side of the above hospital as the deposit money for entrusted operation, and management expenses for various kinds of gas and electricity related to the operation of the restaurant shall be paid by Q.

According to such entrustment contract, the Defendant entrusted the operation of a cafeteria within the hospital to Q, and then is a dietitian and cook as a P employee.

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