logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.27 2015고단3380
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the director of the “A dental clinic” located in Songpa-gu Seoul Metropolitan Government D.

On July 9, 2009, the Defendant filed a claim for medical care benefit costs with the National Health Insurance Corporation on the content that the aforementioned dental clinic provided the victim with the “moral surgery” subject to benefits for E patients.

However, in fact, the Defendant’s treatment of patients E was not a “mymmetric treatment” but a “symnasium” treatment subject to non-benefit, and thus, the Defendant could not claim the medical care benefit cost for the victim.

As such, the Defendant, by deceiving the victim and receiving KRW 18,860 from the victim as a medical care benefit for his business E patient, received a total of KRW 39,83,00 from the victim from April 2012 as shown in the annexed crime list from around April 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. To file an accusation, an order for investigation, a written confirmation, a written confirmation of facts, a list of false claims by the person who has received the examination and treatment without benefits, a list of double petitioners, a list of those who have filed a false request for examination and treatment, a statement of the date of internal origin and date, a statement of those who have filed a false request for examination, a response to a court request for examination

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a person shall be punished by a fine or heavier than a fine requesting a previous summary order, in full consideration of all the circumstances, including the following: (a) the first offender who has no previous conviction for the sentencing reason under Article 334(1) of the Criminal Procedure Act; (b) the damage has been completely recovered; (c) the administrative disposition due to the instant case (192) is being faithfully implemented; and (d) other age and family relationship.

arrow