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(영문) 서울서부지방법원 2015.09.23 2015고합50
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant A, it shall be for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No medical person, such as a medical doctor, dentist, oriental medical doctor, nor a general person who is not the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution, etc.

In addition, in violation of the Medical Service Act, if a person who is not qualified as a founder of a medical institution has employed a doctor to perform medical practice, he cannot claim medical care benefit costs under the National Health Insurance Act.

1. Defendant B and I (Death on December 23, 2013) conspired to establish and operate a hospital in the name of the Defendant with employment of the Defendant, who is the father and father, and the Defendant, who is the doctor and father.

From February 14, 201 to July 11, 2012, the Defendant and I in violation of the Medical Service Act established and operated the K Hospital under the name of the Defendant, with medical facilities such as treatment rooms, hospitalization rooms, etc., and with the Defendant’s monthly salary of KRW 15,000,000.

Accordingly, the defendant, in collusion with I, established a medical institution in collusion with I.

B. The Defendant and I in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) were transferred 2,696,948,300 won in total over 356 times as indicated in attached Table 1-1 and 2 from March 29, 2011 to August 10, 2012 from the victim of the National Health Insurance Corporation claiming for medical care benefit costs, etc. to the victim of the National Health Insurance Corporation, which is believed to be true, to receive medical care benefit costs, etc. under the name of the Defendant.

Accordingly, the Defendant, in collusion with I, received a total of KRW 2,696,948,30 from the National Health Insurance Corporation for the purpose of health care benefit expenses.

2. The Defendant C and I employed the Defendant, who is a psychiatrist, and conspired to establish and operate the hospital in the name of the Defendant.

Defendant and I in violation of the Medical Service Act shall be from July 11, 2012 to December 23, 2013.

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