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(영문) 부산지방법원 2015.3.20.선고 2014고단8986 판결
사기
Cases

2014 Highest 8986 Fraudulent

Defendant

A

Prosecutor

Freeboard (prosecution) and leaptable (public trial)

Imposition of Judgment

March 20, 2015

Text

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.

Reasons

Criminal facts

The defendant is a doctor to operate C Council members in Busan Dong-gu B.

From January 2010, to June 6, 2012, and 30 days, the Defendant merely received medical treatment on the preceding day, and on the following day, submitted a statement of expenses for medical care benefits and medical benefits to the Health Insurance Review and Assessment Service as if the Defendant directly provided medical treatment to the patients who did not receive medical treatment by the above member, and submitted such statement to the Health Insurance Review and Assessment Service as if the Defendant directly provided medical treatment, and received KRW 89,579,085 over 10,702 times from the Victim National Health Insurance Corporation who believed it as true, as medical care benefits, and received KRW 8,203,988 as medical care benefits.

As above, the Defendant, by deceiving patients from the Health Insurance Review Review Board members by claiming false number of days of internal arrest, received medical care benefits and medical benefits examination from the Health Insurance Review Board affiliated thereto, and received a total of KRW 97,783,073 from the National Health Insurance Corporation notified of such examination. The gist of evidence is

1. Defendant's legal statement;

1. Each written statement and written accusation against D and E;

Application of Statutes

1. Article applicable to criminal facts;

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

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considerations, such as the fact that there is no other past record of punishment, reflects, etc.)

It is so decided as per Disposition for the above reasons.

Judges

Judges Nam Jae-in

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