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(영문) 인천지방법원 2016.02.16 2014고단4077
사기
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

B as a general member, the president of the "J" member who was in the first floor of the Dong-gu Incheon Metropolitan City, and A, such as the president, is a person who was in service as a nursing assistant.

No person, other than a medical doctor, etc., may establish a medical institution, and where a person who is not eligible to establish a medical institution has employed a medical doctor to perform medical practice, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act.

At the end of March 2011, Defendant B established the “J Council member” under the name of the same medical institution under his/her own name, which is a doctor at the end of Dong-gu Incheon Metropolitan City Office of the president of the “J Council member,” and was in charge of medical treatment for patients. However, he/she was paid 8 million won a monthly wage, and all hospital operations, such as hiring of other employees and monthly salary, rent, public charges, the disbursement of public charges, the preparation of a set of medical treatment, and the claim for insurance benefits, are planned to be in charge of A and proceeds.

During the period from April 1, 2011 to October 17, 2012, Defendant B, within the above J Council member, took charge of the treatment of patients home, and the same Party prepared a set of sets of particulars of the treatment and treatment using the computer love program, and then A, at the end of the end of each month or at the beginning of each month, claimed expenses for medical care as if he/she was a primary medical institution to the National Health Insurance Corporation, using the program of claiming benefits, and subsequently, acquired the payment of KRW 11,37,030 in total, including the payment of KRW 10,168,280,280, medical care benefits, KRW 168,750, and KRW 11,337,030, including the payment of care benefits from the National Health Insurance Corporation that believed to be true, around April 2011.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement made by a witness L;

1. Each legal statement of the witness M, N, A, B, andO;

1. Protocols concerning the examination of partially the prosecution against N and Defendants

1. Statement made by the prosecutor with respect to L;

1. Statement made to the prosecutor's office some of theO;

1. A protocol concerning the examination of suspect of some police officers against N;

1. Protocols of partial police statements against M;

1.Each.

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