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(영문) 의정부지방법원 2014.02.20 2013고단1251
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant worked as the head of the planning office of the E Hospital, which was opened to D around March 2010, Namyang-si, Namyang-si, and is currently working as the head of the administration office.

On March 2010, the Defendant entered into a contract on the entrusted operation of a cafeteria with G, which is an entrusted food company operated by F while managing the cafeteria at the above hospital, and entered into the entrusted operation contract with G, which is an entrusted food company operated by F, and registered employees, such as dietitians, cooks, etc. of the cafeteria as employees of the above hospital, and concluded in the manner of paying wages, premiums, retirement allowances, etc. at the above hospital, G, which is merely a food material supplier, and was pretended to have

However, in fact, the Defendant, as a means of deducting part of the food expenses to be paid to the employees of the above cafeteria in proportion to the personnel expenses to be paid to G, is practically responsible for the personnel expenses in G, and the Defendant, as well as the personnel records card, etc. of dietitians and cookss, managed in G, the Defendant: (a) set the food expenses per 2,700 won per son for the meals sold at the cafeteria; and (b) substantially entrusted the operation of the cafeteria in accordance with the food expenses sold at the cafeteria at the hospital’s cafeteria; and (c) set the food expenses in proportion to the food expenses sold at the cafeteria,

However, the Defendant reported falsely to the National Health Insurance Corporation that he/she directly manages the cafeteria at the above hospital, and received the total amount of KRW 162,539,460 from the victim, as shown in the attached Form (Crimes List) from the victim, through the staff of the National Health Insurance Corporation, who is in charge of the claim for health care benefit from the above hospital, to the employee in charge of the victim's department. The Defendant received 241,940 won, which is the sum of the direct and several additional charges for the in-patient health care benefit from the victim, from the victim to December 2011.

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