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(영문) 인천지방법원 2016.09.22 2016고단2707
사기등
Text

Defendant

A Imprisonment with prison labor for two years, for eight months, and for six months, for each of the defendants C.

However, Defendant C.

Reasons

Punishment of the crime

Defendant

A is a person who is operating "I" in Incheon H even though he/she is not a medical personnel.

Defendant

B As an oriental medical doctor, a person employed by the defendant A from November 13, 2009 to July 24, 2015, who received a certain amount of monthly salary from the above oriental medical doctor.

Defendant

C As an oriental medical doctor, C is a person employed by the Defendant A from July 25, 2015 to April 2016, who received a specified amount of benefits each month as an oriental medical doctor and worked at the above oriental medical doctor.

1. The criminal conduct committed by Defendant A and Defendant B

(a) No person other than a medical person may establish a medical institution;

Defendant

A around November 13, 2009, at the same time, given monthly salary to Defendant B, employed Defendant B, had Defendant B make a report on the establishment of a medical institution under the name of “I” at the Gyeyang-gu Public Health Center in Incheon, and had the medical institution undergo medical treatment for patients suffering from finding the place until July 24, 2015.

Accordingly, the Defendants conspired to establish a medical institution by Defendant A, not a medical person.

(b) No medical institution, other than those established pursuant to the Medical Service Act, may claim expenses for medical care benefits under the National Health Insurance Act;

Nevertheless, Defendant A was transferred KRW 46,941,860 in total 69 times from November 13, 2009 to July 24, 2015 to the bank account in the name of Defendant B, and Defendant A was provided medical treatment by a private person employed by Defendant A, and requested the National Health Insurance Review Evaluation Institute to submit a statement of expenses for medical care benefits to the Health Insurance Review Evaluation Institute. Upon receipt of notice of the result of the examination, Defendant A received KRW 46,941,860 in total from the victim who believed it to be true.

As a result, Defendants conspired to obtain medical care costs from the National Health Insurance Corporation.

2. The criminal conduct committed by Defendant A and Defendant C

(a) Violation of the Medical Service Act;

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