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(영문) 대전지방법원 홍성지원 2021.02.16 2020고단901
사기등
Text

[Defendant A] The punishment of Defendant A shall be imposed for eight months.

(2) 2 years from the date this judgment became final.

Reasons

Punishment of the crime

Defendant

A is the head of the administrative office of the D Hospital located in Boan-si C, and the defendant medical corporation B is the foundation that operates the above hospital.

1. Defendant A

(a) No person, other than pharmacists or herb pharmacists, shall prepare medicines; and pharmacists or herb pharmacists shall prepare medicines within the limit of licenses, respectively;

Nevertheless, as a pharmacist who had worked at the above hospital around February 2017 left from the hospital, the Defendant, from March 1, 2017 to November 29, 2018, caused the nurse E working at the above hospital to prepare medicines for patients suffering from the above hospital over a total of 1,547 occasions using an automatic preparation of medicines.

As a result, the defendant had E, other than pharmacists, prepare medicines.

(b) No person who violates any fraudulent or national health insurance Act shall receive insurance benefits by fraud or other improper means;

Nevertheless, on November 1, 2018, the Defendant: (a) even though he/she had the said E, other than a pharmacist, prepare the medicine for in-patientF, the Defendant claimed insurance benefits of KRW 86,130,00 in total, including pharmaceutical expenses, preparation fees, medication guidance fees, and drug management fees, as if a pharmacist prepared the said medicine, and received the said benefits from the damaged person on a total of 75 occasions as indicated in the attached crime list on the same day, and received KRW 5,110,760 in total as insurance benefits.

Accordingly, the defendant, by deceiving the victim, obtained the above money, and received the insurance benefits by fraud at the same time.

2. The Defendant A, an employee of the Defendant medical corporation, was allowed to prepare drugs at a total of 1,547 times from March 1, 2017 to November 29, 2018, as described in paragraph (1) with respect to the Defendant’s business, and the Defendant received insurance benefits of KRW 5,110,760 in total on 75 occasions around December 6, 2018.

Summary of Evidence

1.

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