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(영문) 부산지방법원 2016.06.03 2015고합305
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for not less than three years and six months;

2. Defendant B shall be punished by imprisonment with prison labor for one and half years.

(b).

Reasons

Criminal facts

[2015 Gohap 305]

1. Joint crimes committed by Defendant A and B;

(a) No person, other than a medical doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation, etc., may establish a medical institution;

On March 3, 2011, the Defendants: (a) Defendant A, who is not a medical person, is practically operating a convalescent; (b) Defendant B, who is a doctor, was paid certain benefits from Defendant A, and was willing to establish a convalescent hospital in his/her name and to pretend that the medical person would be the convalescent hospital normally operated by the medical person.

Accordingly, around March 7, 2011, the Defendants established an AI convalescent hospital in the name of Defendant B in the name of Defendant B.

As a result, the Defendants conspired to establish a medical institution even though they are not medical personnel.

B. On April 19, 201, the Defendants committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by: (a) hiding the fact that Defendant A, not a medical personnel, opened a medical institution; (b) conspired to receive insurance benefits from the National Health Insurance Corporation; and (c) submitting a written statement of expenses for medical care benefits to the Health Insurance Review Evaluation Institute as if Defendant B was a hospital normally operated by the National Health Insurance Corporation; and (d) filed a claim for medical care benefits with the victim on the basis of the results thereof; and (b) received 65,010 won from the victim as expenses for medical care benefits on or around May

In addition, the Defendants were paid from May 6, 201 to June 28, 2013 as well as KRW 2,859,480,910 in total over 340 times, such as the list of crimes in the same manner, (1) and (2) in the same manner, from around May 6, 2011 to June 28, 201.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Joint crimes committed by Defendant A and Defendant C

(a) Any person who violates the Medical Service Act shall be a doctor, herb doctor, dentist, midwifery, State, or State;

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