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(영문) 인천지방법원 2017.08.30 2017고단4283
국민건강보험법위반등
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Minister of Health and Welfare may order a medical care institution to report or submit documents on insurance benefits, such as the payment of medical care and medicine, or medical care institutions, or require public officials under his/her jurisdiction to question relevant persons or inspect relevant documents, and order the medical care institution and the agency-requesting organization to report or submit relevant documents on medical benefits, such as the payment of medical care and medicine, or require public officials under his/her jurisdiction to ask questions or inspect relevant documents.

Nevertheless, at around 11:00 on October 21, 2016, the Defendant was issued an order of investigation by the head of the Health and Welfare Department to verify whether the collection of medical care (medical care) benefits for a total of 15 months from January 21, 2015 to December 2015 from three on-site researchers, such as D, to which the Health Insurance Review Evaluation Institute belongs, and from January 2015 to December 2015, and from June 2016 to June 201, and from June 2016 to August 2016, and refused it without justifiable grounds, even if the Defendant was requested to comply with the investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Orders for inspection;

1. A written request for submission of documents pertaining to medical care benefits;

1. Application of the Acts and subordinate statutes to report institutions refusing field surveys;

1. Articles 116, 97(2) (a) and 35(5) and 32(2) of the Act on the National Health Insurance for criminal facts, as well as Articles 116, 97(2) (a) and 35(5) of the Act on the Medical Benefits;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the National Health Insurance Act, of which the circumstances of each of the above crimes are more severe);

1. Suspension of sentence;

(a) Penalty fine of 2,00,000 won to be suspended;

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

C. The reason for sentencing under Article 59(1) of the Criminal Act (in light of the favorable circumstances among the reasons for sentencing as follows), is that the defendant is justifiable under the relevant laws and regulations, such as the Health Insurance Review Institute personnel belonging to the Health Insurance Review Institute.

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