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(영문) 의정부지방법원 2018.04.19 2018고정202
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 4, 2012, the Defendant claimed medical care benefit costs as if he/she received medical treatment and tests, such as “C hospital operated by the Defendant located in Namyang-si, Namyang-si.” The Defendant claimed medical care benefit costs as if he/she received medical care and tests, even though he/she did not receive care costs from the Victim Health Insurance Corporation because he/she was subject to non-payment, medical expenses and examination expenses related thereto.

From June 4, 2012 to July 4, 2012, the Defendant, as seen above, received total of KRW 136,620,00 from the injured party on three occasions as the expenses for medical care benefits on three occasions, and acquired the victim’s property by obtaining KRW 9,67,030, total sum from the injured party from April 9, 2012 to November 1, 2013 by the aforementioned method as indicated in the list of crimes in the attached list of crimes, including where the Defendant received KRW 136,620 from the injured party on three occasions, as the expenses for medical care benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement protocol concerning E and F;

1. Investigation report (where any disease is specified when claiming expenses for benefits, verification shall be made);

1. A written accusation;

1. A list of claimants, medical table (D), specifications of expenses for medical care benefits, medical expenses statement, and receipt of medical expenses account statement [the defendant did not know that medical expenses before and after surgery and the inspection expenses were subject to non-benefit, i.e., fraud did not constitute a criminal intent since he/she did not know of the fact that medical expenses before and after surgery and after surgery.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the operation for the purpose of improvement of appearance, not for the purpose of improvement of appearance, as a visual operation, such as correction of sacrife and isolation symptoms, under the attached Table 2 subparag. 2 and subparag. 2 of the Regulations on the Standards for Medical Care Benefits for National Health Insurance (Ordinance No. 158 of the Ministry of Health and Welfare No. 158), which was enacted on June 30, 200 and enforced July 1, 200.

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