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(영문) 서울중앙지방법원 2015.04.24 2014고합1401
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for 10 months for a crime set forth in Section 1(b) of the ruling, three years for a crime set forth in Section 1(b) of the ruling;

Reasons

Punishment of the crime

Defendant

A On November 16, 2011, the Seoul Eastern District Court sentenced two years of suspension of the execution of imprisonment with labor for embezzlement, etc. on October 24, 201, which became final and conclusive on November 24, 201.

Defendant

A, B, C, and D Defendant A had lent the name of an incorporated association AM and had been sentenced to a fine of KRW 10 million for violating the Medical Service Act on January 16, 2009. After having been sentenced to a violation of the Medical Service Act on January 16, 2009, Defendant A had been seeking a method of continuously operating AO while maintaining the facility in the name of the said corporation and had the director at the time of opening the medical institution under the name of Defendant B, etc.

Defendant

A and B co-principald Defendants A and B provided the facilities of the hospital and are in charge of the management of the hospital, and Defendant B provided the name of the medical institution on the condition that the medical institution will be paid 17 million won monthly salary, and provided the medical institution under the name of the medical institution, and conspired to receive and receive the medical care benefit cost from the National Health Insurance Corporation.

No medical institution, other than medical personnel who violate the Medical Service Act, may be established with respect to the establishment of a APneology medical clinic.

On July 9, 2009, Defendant A, who is not a medical personnel, filed a report on the establishment of a medical institution with Defendant B, using the medical facilities such as the doctor, nurse, etc., and the clinic and hospital in the middle-gu public health clinic in the name of Defendant B.

From this point to December 8, 2009, Defendant B provided medical treatment to patients, and Defendant A took charge of the administrative affairs of the hospital, employment of employees, cash receipts and disbursements, attracting patients, etc.

Accordingly, Defendant A established a medical institution even though it is not a medical personnel, and Defendant B conspired to do so.

No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act.

Defendant

A and B shall be from July 9, 2009 to December 8, 2009.

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