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(영문) 제주지방법원 2018.09.06 2018고단472
사기
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

From April 22, 1997, the Defendant was a doctor who operated the “AA A,” on the fifth floor of Jeju City from around April 2, 1997, and was willing to receive national health insurance benefits by using a false medical record, etc., which was prepared in a false manner as if a patient who did not have received the medical treatment was born, by cutting off the actual number of medical treatment days of the patient who was admitted to the above member, or by using a false medical record, etc.

On November 1, 2012, the Defendant prepared a false record of medical treatment as if he/she provided medical treatment to D who did not provide medical treatment in the “A”, and received KRW 10,480 from the injured party, on December 21, 2012, the Defendant received KRW 5,136 cases in total, KRW 61,208,940 in the same manner as in the list of crimes in the attached Table of crime, as in the same manner until February 24, 2015, by submitting the record of medical treatment, which was falsely prepared to the National Health Insurance Corporation for the victim, without knowledge of such fact, and received KRW 10,480 from the injured party for medical treatment benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A list of illegal applicants for the number of days of internal origin;

1. Bridges with a stone claim for expenses incurred in providing medical care, copies, etc. of medical records;

1. Investigation report (A and reception registers and medical records attached to CDs);

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of account transactions and payment details of expenses for medical care benefits, etc. attached thereto);

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the Criminal Procedure Act is as follows: Among the various sentencing conditions shown in the argument in the instant case, the following circumstances are against: (a) the administrative disposition is scheduled to be taken into account; (b) the administrative disposition is scheduled to be taken into account for the suspension of business; (c) the return of the amount of KRW 61,208,940 which was paid falsely; (d) the support for

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