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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단2953
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a dentist. From May 1, 2014 to September 28, 2017, the Defendant was operating “D dental clinic” under the “D dental clinic” in the “Yyang-dong building C” in the Goyang-gu Seoul Metropolitan City building B from May 1, 2014 to September 28, 2017, and “F dental clinic” on the second floor of the building E in Gyeyang-gu Seoul Metropolitan City from September 29, 2017 to June 2, 2019.

1. The Defendant committing a crime by filing a false request from the internal clinic on April 1, 2015, at the aforementioned “D dental clinic” around April 1, 2015, and the patient G is the same year.

3. On July 2, 2018, even though there was no fact that the medical treatment was provided by the above dental clinic, false medical records were prepared to the effect that the victim was provided with medical treatment under the name of the disease called “pata of 3 Daegu Maak-gu Ma,” and on this basis, the victim filed a claim for medical care benefit costs with the National Health Insurance Corporation, which received KRW 9,070 from the victim as the name of the medical care benefit cost, from January 25, 2018, and then the victim received KRW 292,780,970 from the victim through the same method as shown in the attached Table 1 of Crimes List 3,198.

2. On November 2, 2015, the Defendant committed the crime of filing a claim for treatment of an unclaimed clinic at the aforementioned “D dental clinic”: (a) even though the patient H did not have received treatment of “a simple infection,” which was filed at the aforementioned dental clinic on October 8, 2015; (b) provided false medical records as if he received the above treatment; and (c) based on this, the Defendant acquired the aforementioned “D dental clinic” or “F dental clinic” from around January 31, 2018, a sum of KRW 25,632,600, total sum of 119 times, as shown in attached Table 2, from the time when the victim claimed for medical care benefits to the National Health Insurance Corporation, and received KRW 279,685 as the name of the medical care benefit cost from the victim.

Accordingly, the defendant deceivings the victim, and up to 3,317 times in total from the victim, 318,413.

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