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(영문) 창원지방법원 마산지원 2017.02.14 2016고단1391
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2, 2012 to April 2015, the Defendant: (a) was a private person of the Daejeon Dong-gu, Daejeon; (b) neglected the actual number of days of medical treatment of a patient who had not been provided with medical treatment; or (c) attempted to obtain national health insurance benefits or medical benefits by using a medical record book, etc. prepared in a false manner as if a patient who had not been provided with medical treatment had been provided with the treatment after completing the treatment; (d) from October 2, 2012 to May 2, 2014, the Defendant claimed the National Health Insurance Corporation (the part concerning medical care benefits) and the local government of the victim (the Daejeon Dong-gu, Daejeon), as stated in attached Table 1 (the part concerning medical care benefits) and Table 22 (the part concerning medical care benefits); and (c) paid the total amount of KRW 1 (the part concerning the medical benefits benefits) to the National Health Insurance Corporation under the name of the National Health Insurance Corporation’s total number of 2196, 2965, 29652,286

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to specifications of expenses incurred in providing medical care benefits and copies thereof;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing criteria: Where the basic area (from June to June) (from June to June) of the basic area (in the event that a person subject to special mitigation (special mitigation) is not subject to punishment, or has been recovered from damage therefrom, for an unspecified or many victims, or has committed repeatedly for a considerable period of time between June and one year and six months [the scope of the recommended punishment];

2. The circumstances under which the sentence is rendered, and the age, sex, environment, motive, means and consequence of the commission of the offence.

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