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(영문) 대전지방법원 천안지원 2016.02.04 2015고단1859
사기등
Text

Defendant

A shall be punished by a fine of 5,00,000 won, respectively, for a period of 10 months, and for a defendant B consumer life cooperative.

(b).

Reasons

Punishment of the crime

1. Defendant A

(a) No person other than medical persons, such as doctors, etc. violating the Medical Service Act, may establish medical institutions;

Although the Defendant is not a medical person such as a doctor, he/she is willing to establish and operate a medical institution with the authorization of change in the establishment of a consumer life cooperative by unlawful means, such as registering its members in the form, paying their contributions, etc. On January 3, 2009, the Defendant changed the C consumer life cooperative with the previous authorization of establishment into B consumer life cooperative around March 30, 2009, and then established a medical institution with medical facilities on the second floor, employing one doctor, one water clinic, two nurses, etc. on the B consumer life cooperative E member, and on August 10, 201, with medical facilities on the fourth floor of the Seoul-gu Seoul Special Metropolitan City F building, Seoul Special Metropolitan City, with one doctor, one water clinic, one nurse, and one nurse, respectively.

(b) No medical institution which has not been established lawfully in violation of the Medical Service Act may claim expenses for medical care benefits in the course of national health insurance;

Nevertheless, the Defendant, as described in the foregoing paragraph from March 2009 to August 2014, ordered the above E member cooperatives and the doctors employed by G member cooperatives to treat patients in violation of the Medical Service Act, as described in the above paragraph (a), and received KRW 11,63,390 in total from the victims of the National Health Insurance Corporation claiming expenses for medical care benefits to believe the truth by claiming medical care benefits to the victim, and received KRW 751,258,675 in total from August 2014 to August 2014; and received KRW 2,619,940 in total from the cost of medical care benefits until August 201, 201, including KRW 2,747,4777,797,775 in the case of G member, as shown in Table 2 of the Crimes Day.

2. Defendant B’s consumer life cooperatives are non-profit corporations established for the purpose of establishing and operating medical institutions.

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