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(영문) 광주지방법원 2016.11.03 2016고단3399
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a herb doctor who provided medical treatment to patients with health insurance to the National Health Insurance Corporation and received medical care benefit fees from April 19, 2006 to April 7, 2015, when operating the “Ehanwon” in Mapo-gu Seoul Metropolitan Government D.

In early 2012, the defendant prepared false medical records using his relative relatives or personal information of existing patients because it is difficult to operate due to a decrease in the number of patients who want to be inside the above Korea Medical Center, and tried to receive medical care benefits from the National Health Insurance Corporation on the basis of this.

On March 5, 2012, the Defendant prepared a false medical record on the electronic medical record “the date of commencing the medical care” on February 18, 2012, 201, using a computer installed at the above-mentioned office of the Defendant at the above-mentioned medical center, such as “the date of commencing the medical care,” and accordingly filed a claim for medical care benefit costs such as medical examination fees and treatment treatment with the National Health Insurance Corporation, which is a victim.

However, in fact, F did not have any sufficient evidence on the starting date of the above medical care and there was no fact that the defendant provided the F medical treatment or treated the F.

The Defendant, by deceiving the victims of the National Health Insurance Corporation, received KRW 20,280 from the victims as medical care benefit costs, and acquired the total amount of KRW 11,35,970 from October 1, 201 to August 24, 2013 in the above-mentioned manner, as shown in the list of crimes in attached Form 735 times, as well as from October 10 to August 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes on claims for medical expenses;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. The age, character and conduct, environment, health conditions, circumstances of the crime, and the circumstances leading to the crime in the major normal relation, which are considered below the reasons for sentencing in Articles 70 and 69(2) of the Criminal Act, shall be considered after the crime is committed.

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