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(영문) 대구지방법원 상주지원 2019.10.01 2019고정44
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a herb doctor who operates a “Chovasium” in B at the time of residence.

A medical person shall not prepare a false medical examination and treatment record, etc. or intentionally make an additional statement or revision differently from the fact, and shall not receive medical care benefit costs under the National Health Insurance Act by using the aforementioned false medical treatment record.

Nevertheless, on April 21, 2015, the Defendant prepared a false medical record as if he had received medical treatment by directly applying the aforementioned temporary consideration even though he/she did not have received medical treatment by having received medical treatment from the above physician D, and then prepared a false medical record as if he/she had received medical treatment by directly applying the aforementioned temporary consideration.

5.1. Around October 1, 2015, when submitting false medical records to the Health Insurance Review and Assessment Service, the medical care benefits were falsely claimed, and around that time, the victim received KRW 19,557 from the National Health Insurance Corporation, and thereafter, the amount of health care benefits equivalent to KRW 278,627, in total, from around October 1, 2015, from around 18 times as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The main text of Article 88, Article 22(3) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016); and Article 347(1) of the Criminal Act (amended by Act No. 14438, Dec. 20, 201);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding one million won to be imposed and suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount converted per day: 100,000 won);

1. Article 59(1) of the Criminal Act of the suspended sentence (i.e., the fact that a fine of two million won is the sole criminal record due to an offense committed on the part of 2011) (i.e., the fact that a bonus for medical care benefits is a small amount of KRW 278,627, the total amount recovered, the total amount recovered

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