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(영문) 서울남부지방법원 2018.07.04 2017고단5910
사기등
Text

1. The defendant A shall be punished by imprisonment for one year;

2. Defendant CF shall be punished by imprisonment for a period of six months;

3. Defendant E, an incorporated association.

Reasons

Punishment of the crime

Defendant

On August 10, 2017, A was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and a violation of the Medical Service Act, and the judgment became final and conclusive on February 19, 2018.

An incorporated association E is a corporation established for the establishment and operation of a medical institution for medical mission at home and abroad, and the defendant A is the chief director of the above corporation.

[2017 Highest 5910]

1. Joint crimes committed by Defendant A and CF;

A. On March 2008, Defendants in violation of the Medical Service Act conspired to establish a medical institution in the name of the incorporated association in Seoul Mapo-gu Seoul Metropolitan City CMFN, Defendant A lent the name of the incorporated association E, and Defendant CF recruited to establish the medical institution in the name of the incorporated association.

Accordingly, on March 25, 2008, Defendant CF made a report on the establishment of CO dental clinic under the name of E, an incorporated association at the Guro-ro Public Health Center. From around that time to April 10, 2014, Defendant CF provided medical facilities in the above building and hired medical doctors and nurses and provided medical treatment to patients.

Accordingly, the Defendants conspired to establish a medical institution without being entitled to establish a medical institution.

B. Around April 2008, the Defendants filed a claim for medical care benefits with the Health Insurance Review Evaluation Institute under the Medical Service Act, claiming for medical care benefits from the victim who believed to be true, and received KRW 1,429,90 from May 28, 2008, under the name of ECO dental clinic, ECO dental clinic name, as well as from May 27, 2014, the Defendants received KRW 161,684,630, total sum of 73 times, such as CO dental clinic, from May 27, 2014, under the attached Table 1-A (CO dental clinic).

As a result, Defendants conspired to attract victims to receive property by deceiving the National Health Insurance Corporation.

2. The defendant E, an incorporated association.

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