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(영문) 서울고등법원 2015.12.03 2015노2075
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the first instance shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, a mere employee of HH, who established the said hospital, was prepared to establish the said hospital according to the direction of F, a foundation that established the said hospital, and was engaged in the business and facility management, etc. of the said hospital in collusion with B, as stated in the facts charged in the instant case, and did not actually operate the said hospital in collusion with B, taking into account the employees employment, fund management, etc. of the said hospital, or received medical care benefits from the National Health Insurance Corporation by fraud or other improper means.

B. The sentence of sentence on the first instance of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order) is too unreasonable.

2. Summary of the facts charged in this case

A. The incorporated foundation F (hereinafter “instant foundation”) was established as basic property on May 2, 2006. However, B, on May 2, 2006, withdrawn KRW 500 million from the above basic property and used it in paying the borrowed amount to pay the borrowed amount, and the Defendant and B conspired to open and operate H with the original foundation G (hereinafter “instant building”) in the name of the said foundation, in a state where there is no fundamental property for the said foundation.

On January 26, 2012, the Defendant and B reported the establishment under the name of the business place, “Hwon (hereinafter “instant hospital”) which is an incorporated foundation,” and the instant hospital acquired funds was replaced by the foregoing hospital, and the Defendant operated the said hospital by overall control over affairs, such as employment of employees and fund management.

Accordingly, the defendant, in collusion with B, established a medical institution.

(b) No person shall receive or aid another person to receive insurance benefits by fraud or other improper means;

Nevertheless, the Defendant, who is not a medical personnel, employed a doctor I and J while operating the instant hospital, and had the patient receive medical treatment, and thereafter, conducted the Health Insurance Review and Assessment Service on March 2, 2012.

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