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(영문) 광주지방법원 2016.02.17 2015고합457
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, each of the defendants B, C, and D shall be punished by imprisonment for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and C;

A. Defendant A, who violated the Medical Service Act, established and operated a hospital under the name of Defendant C, a medical person, and overall control over its operation. Defendant C offered the name of medical personnel for the establishment of a hospital and offered the patients to receive monthly salary from Defendant A while treating the patients. Around August 13, 2010, Defendant C opened a oriental medical hospital under the name of Defendant C in the name of Defendant C.

(b) A medical institution that violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall not claim medical care benefits costs under the National Health Insurance Act unless it is normally established under the Medical Service Act

Nevertheless, the Defendants conspired with each other from September 2, 2010 to September 13, 2012, filed a claim for medical care benefits costs as if the J oriental medical hospital was established and operated by non-medical personnel despite the fact that the medical personnel had been established and operated by non-medical personnel, and the Defendants were provided KRW 1,047,612,820 in total on 26 occasions from September 27, 2010 to October 2, 2012, as shown in the attached Table of Crimes (1) for medical care benefits from the National Health Insurance Corporation.

2. Joint crimes committed by Defendant A, B, and D;

A. Defendant A, who violated the Medical Service Act, established and operated a hospital in the name of Defendant B, a medical person, and has overall control over its operation. Defendant B provided the name of medical person to establish a hospital and received 15% of the profits from the monthly salary and the operation of the hospital from Defendant A while treating patients. Defendant D, as the director general of the administrative bureau of the hospital, conspired to receive 15% of the profits from the hospital while taking charge of the administration of the hospital in accordance with the direction of Defendant A, and opened a L oriental medical hospital in the name of Defendant B in Gwangju-gu, North-gu, Gwangju.

B. A medical institution that violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is not established normally under the Medical Service Act may not claim medical care benefits costs under the National Health Insurance Act.

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