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(영문) 광주지방법원 2019.06.13 2019고단778
의료급여법위반
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

No person shall receive medical benefits by fraud or other improper means.

The Defendant, as a beneficiary of medical care, was aware of the fact that only 1,00 won of the patient’s charge would be paid if he received a hospital treatment under the name of B, and was able to receive medical care by committing himself as if he was B.

The Defendant, around May 12, 2014, received medical benefits of KRW 17,878,810 in total from around 431 times to June 2018 by receiving medicine treatment under the name of B and receiving medicine treatment as shown in the list of crimes in the attached Table of the crime committed by the Defendant from around 431 to June 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on medical benefits, additional data based on the statute of limitations on fraudulent receipt of medical benefits, and B personal benefits;

1. Article 35 (4) 3 of the Medical Care Assistance Act and the choice of each penalty against the crime, and the choice of imprisonment, respectively;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not highly likely to be a crime since the defendant unduly received medical benefits equivalent to KRW 17,878,810 through 431 times for a period exceeding four years using the name of the medical care beneficiary B, which is the medical care beneficiary.

However, in consideration of the fact that the defendant's mistake and reflects, that the defendant is older than 70 years old, that there is no criminal power exceeding the same kind of power and fine, etc., the punishment is imposed as ordered.

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