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(영문) 창원지방법원 2018.05.03 2017고합250
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by imprisonment for one year and six months.

(b).

Reasons

Punishment of the crime

Defendant

A Lending the name of the doctor in order to establish and operate a hospital to Defendant B, who is a doctor, he will pay KRW 15 million monthly in the name of the doctor.

Now, Defendant B accepted it.

1. No person other than medical persons, such as doctors who violate the Medical Service Act, may establish a medical institution;

Defendant

A, according to the above public offering, from April 14, 2015 to June 2016, after having been equipped with medical facilities, such as treatment rooms, hospitalization rooms, and physical therapy rooms, and opened and operated a “J-type outdoor clinic” in the name of Defendant B.

As a result, the Defendants conspired to establish a medical institution even if they are not medical personnel such as doctors.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) established and operated a medical institution as prescribed in paragraph (1) and could not claim expenses for medical care benefits with respect to medical practice performed between April 14, 2015 and June 17, 2016, Defendant A received 52,783,186 won from the National Health Insurance Service to July 22, 2016 as the payment expenses for medical care benefits from the victim of the attached crime, and acquired 38,151,390 won in total as the payment expenses for medical care benefits from April 30, 2015 to August 17, 2016, and acquired 38,151,391,950 won as the payment expenses for medical care benefits from the National Health Insurance Service during the above period.

As a result, the Defendants conspired to acquire the property from the damaged person.

Summary of Evidence

1. The defendants' respective legal statements (the defendant A is on the fifth trial date)

1. The legal statement of K Witness;

1. Entry of the witness L in the third public trial protocol, and entry of the witness M and B in the fourth public trial protocol;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police suspect interrogation protocol against the Defendants (defendant B on 2017).

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