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(영문) 서울중앙지방법원 2014.06.26 2014고단1710
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operated one member with the trade name of “Chanwon” in a store with approximately 99.8 square meters in the wife population B, equipped with medical facilities, such as a treatment room, a water treatment room, a bedclothes room, and a sugar room.

1. A person who commits a conspiracy with oriental medical doctors D;

(a) No person other than a medical person may establish a medical institution;

On April 5, 2010, the Defendant established a medical institution in collusion with the above D, even if it was not a medical personnel, by having D, receive the benefit of KRW 4.5 million through KRW 5 million each month from a herb doctor D, and by having D establish a medical institution under the name of “Chwon” in the public health clinic of the wife population at G-si, G, and thereafter having D establish a medical institution from September 10, 2010.

Accordingly, the defendant, not medical personnel, established a medical institution in collusion with D.

(b) No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act;

Defendant A around May 3, 2010.

As stated in paragraph (1), the above D, an oriental medical doctor employed by the defendant, submitted a statement of medical care benefit costs to the Health Insurance Review and Assessment Service to review the patient, and received a notification of the result of the examination from the victim of the National Health Insurance Corporation that believed the result of the examination to be true, and received KRW 13,149,910 as the name of the medical care benefit cost from the victim to the Agricultural Cooperative account in the name of

The Defendant, in addition to this, in collusion with D from May 3, 2010 to October 18, 2010, received a total of KRW 49,719,840 as medical care benefit costs from the victim in collusion with D, such as No. 1 to No. 7 of the attached list of crimes.

2. An oriental medical doctor E and a competitive bid;

(a) No person other than a medical person may establish a medical institution;

The defendant has already invested and installed expenses.

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