2013 Highest 433 Fraudulent

A

Kim Jong-hee (Court of First Instance), Cho Jong-hee (Court of Second Instance)

Attorney B,C

January 24, 2014

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

Around March 3, 2008, the Defendant established and operated the Eunpyeong-gu Evalescent Hospital in Eunpyeong-gu Seoul, and concluded a contract for the supply of food and materials with H representative director H through the Vice-President F under his management at the above Evalescent Office, and agreed to bear the salaries of the employees, such as dietitians and cooks, belonging to the above Evalescent Office.

Accordingly, the above H was reported on the salaries of employees belonging to the Evalescent cafeteria and the expenses for the operation of the said Evalescent cafeteria, and was separately provided in G. The above employees, such as directly paying the above cafeteria management expenses, etc. to employees, and paying incentives to the above employees, etc., may not be deemed the affiliation of the above Evalescent cafeteria, in substance considering the aspects of wages, management, etc., although the above employees are formally belonging to the Evalescent cafeteria. Despite the fact that the above Evalescent cafeteria was operated in the form of entrusted operation rather than directly operated, the Defendant received the total amount of KRW 54,960 from the victim’s bank account (I) in the name of the Defendant, to the National Health Insurance Corporation as if he directly operated the Evalescent cafeteria in the form of direct operation by taking advantage of the fact that the E convalescent cafeteria cafeteria was formally located under the jurisdiction of the hospital, around March 208, the Defendant received KRW 54,960 from the victim’s bank account (hereinafter referred to the Defendant). Accordingly, the Defendant received KRW 1364,54,200.31.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H’s partial legal statement, witness J and K’s respective legal statement;

1. A copy of each police statement of L/M;

1. [Investigation Report (Investigation Report on Human Resources Management Data managed by the G) - Copy of the personnel record card, employment contract, confidential compliance agreement, etc.], [Investigation Report (Supplementary Materials Entrusted to a cafeteria), e-mail data, annual salary negotiation report, membership data, etc.], [ Copy of Investigation Report (Investigation Report on the Status of Services in the E Hospital managed by the G), Operational Status, Daily Business Status, etc.] [Investigation Report (Details of Claim for Food Request by the G) - Data on Requests for G Submission]

1. Records of seizure and the list of seized articles and the list of seized articles;

1. A copy of the statement of accounts and replies of agencies subject to investigation cooperation and of requests from among the seized articles;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Calculation of Payment of Full Amount of Decision on Redemption by the National Health Insurance Corporation)

Judges Jin-jin

A person shall be appointed.

A person shall be appointed.