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(영문) 서울중앙지방법원 2014.06.26 2014고단1058
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates one of the members of the Seoul Special Metropolitan City Gwanak-gu medical facilities, such as a treatment room, a water treatment room, a bedclothes room, and a sugar room, in a store with approximately 61.1 square meters in Seoul Special Metropolitan City, and is equipped with such medical facilities.

1. No person other than medical persons may establish a medical institution;

On December 29, 2006, from around December 31, 2008 to December 31, 2008, the Defendant established a medical institution in collusion with the above F, even if the Defendant was not a medical personnel, by opening a hospital with the name of “E” in the name of “E” in the F, and by having F receive treatment for patients suffering from the said place.

In addition, the Defendant employed a herb doctor G from January 12, 2009 to December 31, 2009, and from January 7, 2010 to May 31, 2010, the Defendant established a medical institution under its respective names as an oriental medical doctor from June 16, 2010 to December 30, 2010.

Accordingly, the Defendant, not medical personnel, established a medical institution in collusion with the above oriental medical doctor.

2. No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act;

On February 1, 2007, the Defendant provided medical treatment to patients by F, who are oriental medical doctors employed by the Defendant, and requested review by submitting a statement of medical care benefit costs to the Health Insurance Review and Assessment Service. Upon receiving notification of the result of examination, the Defendant was transferred KRW 5,392,040 to a new bank account in the name of F, around February 21, 2007, from the Victim Health Insurance Corporation that believed to be true.

In addition, the Defendant conspired with the Korean Medical Doctor F from February 1, 2007 to December 31, 2008 in collusion with the same manner as the list of crimes in the attached list, and KRW 153,378,350.

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