2012 Highest 7850 (A) Fraud

(b) Fraud prevention;

1. ○○ or the intention;

Housing Yangsan City

Seongdong-gu Seoul basic domicile

2. ○○○ or the main copy;

Residence Kim Jong-si

[Reference domicile]

Kim Jong-si (Court) and the largest state of trial

Attorney Lee Sang-hoon (for the defendant Lee ○)

Attorney Kang Jong-ho (for the defendant Lee et al.)

November 28, 2012

Defendant ○○ is punished by imprisonment with prison labor for a year and six months, and by imprisonment for a period of eight months.

Criminal History Office

Defendant ○○ was a doctor who obtained a doctor’s license on February 1970, and was directly treated by opening a “000 members of the ideology-gu Busan from November 30, 2009 to July 8, 201,” and the Defendant’s change ○○ was a person who served as the head of the department management office of the above hospital.

The Defendants and the head of the original division of the above hospital issued a false certificate of hospitalization to the patients introduced through the Defendant’s change or change, etc., and solicited the patients to receive medical care benefits from the Health Insurance Corporation and receive false certificate of hospitalization from the private insurance company that they joined.

1. Fraud;

On December 8, 2009, Defendant’s change ○○ introduced Defendant ○○○ as a patient, and Defendant ○○○○○, from around December 8, 2009 to December 24, 2009, drafted a false medical record paper and a false written confirmation of hospitalization as if he/she had been hospitalized from 000 won to 00 won due to the dump, tension, etc. of the bones, etc., and Defendant ○○ was transferred KRW 412,860 from the Health Insurance Management Corporation’s health care benefit under the name of health care benefit.

In addition, from December 8, 2009 to March 16, 201, the Defendants and changed ○○ filed a claim for the payment of medical care benefits through the National Health Insurance Management Corporation’s computer system by pretending hospitalization from around 000 to around 000 won, such as the list of crimes (1). In addition, the Defendants and changed ○ received a total of KRW 41,396,000 from the Health Insurance Management Corporation as medical care benefits.

2. The date and time set forth in paragraph (1), and at the place mentioned in paragraph (1), the Defendant’s change ○○○○, the patient of which was the above, was introduced to the Defendant ○○○○○. As above, the Defendant ○○○, from December 8, 2009 to December 24, 2009, drafted a false medical record paper and a written confirmation of hospitalization as if he was hospitalized at KRW 000 upon the Plaintiff’s hospitalization from around December 8, 2009 to around December 24, 2009, and issued the false medical record paper and a written confirmation of hospitalization to the Defendant ○○○○○○, which was falsely prepared as above, issued 7 insurance money such as the victim ○○○○○○○○○○○, etc. using the false written confirmation of hospitalization, etc. received KRW 12,868,720 from the above company as insurance money, and received KRW 12,868,720 from the above company to the Defendant ○○○○○, etc.

Summary of Evidence

1. The legal statement of the defendant ○○ on the second trial;

1. The defendant's legal statement;

1. The protocol concerning the examination of suspect by the prosecution against the head of ○○, ○○, ○○, ○○, Kim○, ○○, and Kim○-○; 1. Part of the protocol concerning the examination of suspect by the prosecution concerning this0;

1. A protocol concerning the examination of suspect by the police over ○○, ○○, ○○, ○○, Ma○○, Ma○○, Ma○○, Ma○○, and red ○○;

1. Some statements of each police suspect's protocol on ○○○, Ma○○, Ma○○, Ma○○, Kim○○, Ma○○○, Ma○○, Ma○○, Ma○○, Ma○○, Mao○, MaoO, MaO, and Kim0

1. Each police statement on ○○○, ○○, ○○, ○○, Kim○, ○○, and yellow ○○;

1. Records of seizure and the list of seizure;

1. An investigation report (for a hospitalized patient), an investigation report (limited to the receipt of a false list of hospitalized patients), a report on an investigation (limited to an attachment of a false list of hospitalized patients), a report on an investigation (limited to an on-site photo of KRW 000), a report on an investigation (related to a claim for insurance proceeds), a report on an investigation (limited to a claim for insurance proceeds), a report on an investigation (limited to a statement of transactions of ○○ bank account in the name of a suspect), a report on an investigation (limited to a certified copy of a summary order), and a report on an investigation (

1. Response to requests for cooperation in investigation affairs (including the details of medical care benefits paid, as face value No. 1 of investigation records, and accompanying medical care benefits);

1. Answer to the request for cooperation in investigation affairs (including the details of medical treatment attached, No. 1124, No. 2 of investigation records);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 347(1), 32(1), and 30 of the Criminal Act; Articles 347(1), 32(1), and 30 of the Criminal Act; Determination of the penalty for imprisonment

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting fraud)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Insurance fraud, such as the crime of this case, is directly causing property damage to the Health Insurance Management Corporation and the insurance company, which is the victim, but as a result, the insurance premium is increased, and the damage is ultimately returned to all the persons who have bought the insurance, so the nature of the crime is not easy, and the continuous control of the related agency still leads to a serious punishment.

Considering the fact that the Defendants had already been indicted through the fraud of the same criminal act in the previous criminal act, and was the first offender, the Defendants did not know the fact that they had been punished by a fine, but did not know the fact that they had been tried to commit the crime again and continued to commit the crime again by the same veterinary method. Furthermore, the number of quasi-patients who have been given convenience in obtaining insurance money through false or excessive hospitalization is about 65, and the amount of the fraud is disadvantageous to the Defendants. However, the Defendants already recognized the facts charged in the instant case and sought measures against the Defendants. However, in relation to the fraud of insurance money, the Defendants paid the amount of money acquired through deception to the Health Insurance Management Corporation in full, and in relation to the fraud of insurance money, the fact that each insurance company deposited considerable amount of damage to each insurance company shall be considered as favorable to the Defendants, and all other conditions such as age, character and conduct, occupation, occupation, motive, method and degree of participation in the instant crime, etc. shall be determined by comprehensively taking into account the following circumstances into account.

Judges Song Jae-soo