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(영문) 부산지방법원 2016.01.21 2015고단7278
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a doctor of Dvalescent Hospital in Busan Dong-gu C.

From July 14, 2010 to October 4, 2011, the Defendant submitted a detailed statement of expenses for medical care benefits and medical benefits to the Health Insurance Review Evaluation Institute as if he/she provided medical treatment for patients who received medical treatment at the above hospital even on the day he/she did not provide medical treatment. Upon receipt of notice of the result of the examination, the Defendant received KRW 31,474,920 from the Victim Health Insurance Corporation that believed it as true, as the name of medical care benefits, and received KRW 3,649,510 over 194 from the Busan Metropolitan City Administration as the name of medical care benefits.

As indicated in the attached list of crimes, the Defendant, by deceiving the Health Insurance Review Evaluation Institute by claiming falsely the number of days of internal members of patients as above, and by deceiving them, received 31,474,920 won through 2,775 times from victims of the National Health Insurance Service notified of the review of medical care benefits and medical care benefits from the Health Insurance Review Evaluation Institute, and acquired 3,649,510 won from the Busan Metropolitan City Office of Busan Metropolitan City through 194 as medical care benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A list of relevant persons (health insurance benefits, medical care benefits, and medical care benefits);

1. Application of Acts and subordinate statutes to the list of expenses for medical care benefits and the list of medical care benefits;

1. Article 347 (1) of the Criminal Act applicable to the crime in question (Selection of a fine in consideration of the fact that the amount of the fine is recovered in full, that the case had already been subject to business suspension for a certain period of time and is planned to suspend the qualification of doctors for the future period, that there is no same record, that there is a serious reflect on the crime in this case);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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