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(영문) 의정부지방법원 2016.01.18 2015고합213
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, Defendant B and C shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

1. Defendant B is a director with the authority to represent the missionary work of the International Association of the Incorporated Foundation (hereinafter “instant corporation”) from April 23, 2009, and Defendant C and A are working as the president and the managing director of the medical business division of the instant corporation from May 2012.

2. Defendant A

A. A. Around January 11, 2010, a person who violates the Medical Service Act due to the establishment of a medical institution is neither a doctor nor a medical institution. However, the Defendant established a medical institution under the name of “L dental clinic” (hereinafter “M dental clinic”) after having employed staff members, such as Dongdaemun-gu, Dongdaemun-gu, Seoul, and the medical doctor K, and having them equipped with a medical care room, etc. (hereinafter “L dental clinic”).

(2) A person who violated the Medical Service Act due to an unlicensed medical practice is prohibited from performing a medical practice other than the licensed one, and a medical person is also prohibited from performing a medical practice other than the licensed one, but the Defendant from March 5, 2012 to the same year.

6. From around 20 to around 20, 20: (a) removed scrap materials from N, the patient at the above hospital; (b) performed treatment, such as gring treatment and artificial dental surgery, against 50 patients; and (c) performed medical treatment, such as an autopsy treatment and artificial dental surgery.

B. From January 2010 to May 2012, the defrauded: (a) even though a medical institution is not established pursuant to the Medical Service Act, or a medical institution is not able to claim expenses for medical care benefits under the National Health Insurance Act, the Defendant directly operated the above hospital; (b) requested K to examine by submitting a statement of expenses for medical care benefits to the Health Insurance Review and Evaluation Institute after treating the patient; (c) received notice of the result of the examination from the National Health Insurance Corporation from the victim who believed it as true and received KRW 57,802,130 in total for 29 months as the expenses for medical care benefits as shown in attached Table 1 from the National Health Insurance Corporation.

3. Joint crimes committed by the Defendants

(a) Violation of the Medical Service Act;

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