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(영문) 광주지방법원순천지원 2020.11.06 2020고단944
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From March 2, 2009, the defendant is a doctor who operates a hospital with the trade name of "C from Mayang-si B and 3rd level".

The Defendant: (a) around April 7, 2014, at the foregoing hospital; (b) around March 3, 2014, the patient D visited the foregoing hospital and received treatment under the name of nephal ppuri, spine verte, and scopic disease; (c) as if the patient received treatment as above, the patient received medical care benefits of KRW 22,710 from the National Health Insurance Corporation as if he/she received medical care benefits from the victim; (d) the patient received medical care benefits equivalent to the same amount around April 28, 2014 from around April 28, 2014 to January 25, 2017, the Defendant received KRW 489,81,330 in total as medical care benefits by deceiving the victim as indicated in the list of crimes in the attached Table from around April 28, 2014 to January 25, 2017.

Summary of Evidence

1. The defendant's partial statement in court (the defendant denies the criminal intent of defraudation, but the defendant had already been aware of the illegality of the crime of this case, such as the fact that he was investigated by the Ministry of Health and Welfare with the content of claiming medical care benefit costs even though he had not received medical treatment by the patient even in the past 2015, and the defendant already knew of the illegality of the crime of this case, taking into account the contents instructed by the assistant nurse and other employees, and the structure of the crime, such as

1. Investigation report (verification of the date of payment of medical care benefits related to the suspected fact), the official document requesting cooperation, reply note, CD;

1. Fact-finding certificates (E, F, G, and H);

1. A report on the details of the statement with each consignee on telephone conversations;

1. Request for on-site investigation;

1. Seoul Administrative Court Decision 2019Guhap59134 decided;

1. Application of the Acts and subordinate statutes on the written accusation;

1. In light of the pertinent Article of criminal facts and Article 347(1) of the Criminal Act, comprehensively, the Defendant’s unfair claim for the reason for sentencing of imprisonment with prison labor is an act that undermines the foundation of the national health insurance system operated as national health insurance premiums and infringes on the soundness of the insurance finance.

In addition, the defendant.

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