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(영문) 서울서부지방법원 2021.01.14 2020고합243
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a herb doctor who operates a “A” council member of Seodaemun-gu Seoul Metropolitan Government.

Although the Defendant accurately recorded the details of the actual medical examination and treatment of the patient who was admitted to Korea Medical Center, and claimed the benefits of the medical examination and treatment, the Defendant prepared a false record book as if he did not provide the patient on the date he did not provide the medical examination and treatment, or prepared a false record book as if he did not provide the patient on the date he did not provide the patient, and used it to obtain the benefits of the medical examination and treatment from the National Health Insurance Corporation.

around April 30, 2014, the Defendant: (a) prepared a medical record as if he/she had been provided with medical treatment on April 1, 2014 as if he/she had not been provided with medical treatment due to fire-fighting defects; (b) received medical care benefits of KRW 19,100 by submitting documents related to medical care benefits to the employee in charge of the name of the victim of the National Health Insurance Corporation; and (c) received medical care benefits of KRW 4,830 from April 2014 to March 1, 2017 by submitting relevant documents to the employee in charge of the National Health Insurance Corporation and receiving medical care benefits of KRW 4,830 as if he/she had prescribed the above medicine, although he/she had not been provided with medical care benefits of KRW 19,100 on the same day; and (d) received medical care benefits of KRW 4,830 from April 30, 2014 to March 1, 2017 by deceiving the victim as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, current status of medical care institutions, and copies of investigation orders;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of suspect data), investigation report (Submission of suspect data), administrative disposition, unjust amount and details of calculation of administrative disposition, investigation report (verification of evidential data stored in a CD accompanied by a written accusation).

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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