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(영문) 광주지방법원 목포지원 2015.01.23 2014고단987
사기등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be imposed against Defendant A.

Reasons

Punishment of the crime

1. Although Defendant A was unable to establish a medical institution other than a medical doctor, dentist, herb doctor, or midwife, the Defendant, who was a doctor, established and operated a medical institution under the name of medical doctor B, and agreed upon B with B at the intervals of KRW 10 million on April 2009, after having introduced B through Brer E.

Around April 22, 2009, the Defendant had medical facilities, such as treatment rooms, treatment rooms, etc., in F, and reported the establishment of “G Council members” with a doctor’s license in B on the same day, and operated “G Council members” from the aforementioned date to September 21, 2009.

Accordingly, the Defendant established a medical institution as a non-medical person.

2. Defendant B’s violation of the Medical Service Act from April 22, 2009 to the same year

9. By the end of 21.2, “G Council members” operated A performed medical practice after being employed by “A” and receiving monthly pay 10 million won.

Accordingly, the defendant was employed by a person who is not eligible to establish a medical institution and provided medical treatment.

3. As described in paragraph (1), Defendant A’s fraud filed a claim for medical care benefit costs with the National Health Insurance Corporation on May 4, 2009 by pretending that non-medical persons established and operated a medical institution, and that the medical personnel would normally establish and operate the medical institution, and accordingly, Defendant A received KRW 8,108,300 for the same month from the victim Corporation as SC bank account (H) around 22, 209, such as the statement in the list of crimes in the attached Table, from May 22, 2009 to October 12, 2009, by receiving KRW 116,915,490 in total from the victim to the Corporation on six occasions as the name of medical care benefit costs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect E by the prosecution;

1. Second police suspect interrogation protocol regarding E;

1. Statement of the police officer to I;

1. Investigation report (calculated of the amount of medical care benefits acquired by deceit for two persons, including A, of suspects, etc.-G Council members);

1. - A copy of the account book, and a report on the establishment of a medical institution (G Council members).

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