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(영문) 전주지방법원 2014.11.18 2014고단417
사기
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a doctor who operates the “E convalescent Hospital” in the Seoul Metropolitan City, Jeonju-si D.

The Defendant abused the fact that if he operates a hospital directly, he can receive more additional dues than the case of operating the hospital directly, and actually, he wanted to obtain additional dues by deceiving the Defendant as if he operated the hospital directly even though he had the entrusted company operate the restaurant.

Around September 2010, the Defendant: (a) entrusted the operation of a restaurant to the above Evalescent; (b) entered into a contract for the operation of the restaurant with KRW 100 million under the name of the deposit money from G, the representative director of F, a stock company, and entered into a separate agreement for the operation of the restaurant; (c) made a false report on the following: (a) as if he directly operates the restaurant at the above hospital, he/she purchased food materials, he/she made a false agreement for the transaction; and (d) made a false report to the effect that he/she directly employs two dietitians and two cookss directly operating the restaurant and employs them to full-time work by directly employing them; and (e) filed a claim for the payment of the health insurance benefit by claiming additional food expenses for each patient under the direct management of the hospital.

As above, the Defendant, by deceiving the employees of the National Health Insurance Corporation from the victim to November 30, 2012, received a total of KRW 240,395,670 from around September 1, 2010 to around November 30, 2012, as indicated in the attached Table of Crimes, additional charges, etc., which were directly operated by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. H statement among the suspect interrogation protocol of the defendant against the defendant;

1. A written statement of I;

1. Each letter of certification;

1. A copy of documents related to the entrustment of a restaurant, a factual confirmation, and an employment contract;

1. Application of Acts and subordinate statutes to a report on investigation (related to an application for direct management);

1. Article 347 (1) of the Criminal Act, inclusive, with regard to applicable Articles of the Act and the choice of punishment for the crime;

1. Detention at a workhouse;

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