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(영문) 서울동부지방법원 2018.04.26 2017고단4250
사기
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

From September 25, 2002, the Defendant is an intention to operate a "E member of a medical institution" in Gwangjin-gu Seoul Special Metropolitan City.

The act of removing a mathy, etc. which does not interfere with his/her duties or daily life, or other act of beauty service is excluded from the person eligible for benefits for medical care. Therefore, the victim cannot claim medical treatment costs for medical care to the National Health Insurance Corporation.

Nevertheless, on August 1, 2012, the Defendant, at the above hospital, performed a math removal procedure against F for the purpose of removing mathy on the part of the arms and legs that do not interfere with business or daily life. However, on September 3, 2012, the Defendant: (a) filed a false claim for medical care costs against F for the medical treatment as if he/she had provided the victim with “any other and other unaffortable faces,” and (b) received 37,090 won from the victimized person as the expenses for medical care benefits; and (c) received 36,471,820 won in total from the victimized person by the same method from October 1, 2013 as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation and a written confirmation;

1. Investigation report (health insurance examination Evaluation Institute G telephone conversations between on-site researchers);

1. 1,2 of the Ethical clinic medical records;

1. Application of Acts and subordinate statutes to a report on investigation (including details of preparation of a list of crimes);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine (the following favorable circumstances):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable circumstances: The defendant himself.

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