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(영문) 광주지방법원 2016.03.24 2015고단4223
사기등
Text

【Defendant A’s imprisonment with prison labor for not less than two years and six months

【Defendant B】 Defendant B’s fine of KRW 1,500,000.

Reasons

Punishment of the crime

1. Defendant A is an oriental medical doctor operating the CE-Korea CD in Gwangju Northern-gu.

The Defendant, in fact, issued a false certificate of discharge to the patients who did not receive the treatment at Han-won, issued a false certificate of discharge to enable them to receive insurance money for hospitalization from an insurance company, or allow them to receive insurance money for hospitalization, and accordingly, demanded them to receive the payment of nominal money, such as hospitalization expenses. On October 22, 2012, the Defendant demanded Y to “Y” who was found in the above hospital to request 700,000 won at the hospital’s expense to be treated as having received the treatment as if they were hospitalized.” The Defendant consented to this.

According to the conspiracy for the above crime, the Defendant drafted a false medical record book and nursing log as Y had received hospitalized treatment from the above Y from October 22, 2012 to November 6, 201 of the same year. Y, despite the fact that Y had not received hospital treatment on the day-to-day basis, filed a claim for insurance money based on a false statement of discharge for entry and discharge issued by the Defendant, and received KRW 2,289,30 from the Non-Life Insurance Co., Ltd. around December 17, 2012.

From around that time to April 29, 2015, the Defendant conspiredd with patients who have found a hospital, such as the list of crimes in the attached Table, and acquired the sum totaling KRW 405,846,293 from 30 companies to 702 times in total as insurance proceeds. As if the relevant patients were hospitalized, the Defendant violated the Medical Service Act by recording false details in the medical record book and the nursing log.

2. Defendant B, following the Defendant’s conspiracy to commit a crime with A as referred to in paragraph (1), filed a claim for insurance money on the basis of a false certificate of discharge from entry and discharge, etc., even though the Defendant did not receive medical treatment by being hospitalized at CE, from November 12, 2014 to November 26, 2014, and on November 26, 2014.

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