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(영문) 전주지방법원 2016.06.03 2016노339
의료법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, and confiscation) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant had no record of criminal punishment before; (b) the recognition of the instant crime and reflects the mistake in depth; (c) the Defendant deposited KRW 10 million for the victim of the National Health Insurance Corporation in the first instance; and (d) the members, etc. of the medical association of this case wished to have the prior wife against the Defendant.

On the other hand, the crime of this case is a normal situation unfavorable to the defendant, such as the following: (a) the defendant operates the so-called "office hospital" by pretending to the medical cooperative under the Consumer Life Cooperative Act; (b) the case of deceiving the victim of the National Health Insurance Corporation by deceiving the victim and deceiving the victim of KRW 376 million as a secret for medical care benefits; (c) the period of operation of the defendant is not less than one year and ten months; (d) the amount acquired by the defendant is not more than 376 million won; and (e) the amount is the maximum amount exceeding 376 million won; and (e) there is a high possibility of causing harm such as excessive medical treatment, insurance fraud, patient intermediation, etc. in order to pursue personal profit; and (e) there is a need to strictly punish

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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