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(영문) 인천지방법원 부천지원 2018.10.26 2018고합48
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants C shall be punished.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Criminal History (Defendant A, C)

1. Although a person, other than a doctor, etc. who violated the Medical Service Act, was unable to establish a medical institution such as a hospital, Defendant A was willing to operate a “office hospital” (referring to a hospital that is established by employing a person who is not a doctor, etc.) on the ground of another doctor.

Defendant

On May 3, 2012, A concluded a lease agreement with G, the main owner of the building in the F Building in Bupyeong-si and the fourth and fifth floors of the building, and proposed that A be paid monthly salary of KRW 12 million to one private person C. The defendant C knew that he could not be a medical institution founder.

Accordingly, the Defendants pretended as Defendant C’s opening of the instant hospital in the said F building, and opened the hospital on October 12, 2012 and thereafter December 6, 2012.

Accordingly, from October 12, 2012 to December 6, 2012, the Defendants conspired to operate the term “office hall” as above.

2. No person who establishes a medical institution in violation of the Medical Service Act shall be entitled to receive insurance benefits from the National Health Insurance Corporation;

Nevertheless, in the indictment from October to December 2012, 2012 to which the above hospital was lawfully operated under the Medical Service Act, the Defendants conspired to operate the E convalescent as stated in the foregoing Paragraph 1, but the period during which the above Defendants filed a false application for medical care benefits was stated as “from September 2015.” However, this is obvious that it is a clerical error in the indictment from the date of December 2012, and thus, it is corrected as above.

The National Health Insurance Service (hereinafter referred to as the "victim Service") deceivings the Victim Service by filing an application for medical care benefits with the National Health Insurance Corporation (hereinafter referred to as the "victim Service"), and it received total of KRW 11,312,960 from October 1, 2012 to December 2012 to receive total of KRW 11,312,960 from the Victim Service to December 2012.

Summary of Evidence

1. The respective legal statements of the defendant A and C

1. The witness H.

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