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(영문) 광주지방법원 2017.05.11 2015고단5152
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a pharmacist who operated “D pharmacy” in Gwangju Dong-gu C from July 3, 2009 to June 3, 2013.

The Defendant received a false prescription issued as if the patient had received medical treatment from E member despite having received a false prescription, and had the patient receive the prescription from E member, and had the patient receive the medical treatment benefits by claiming the medication cost to the National Health Insurance Corporation as if he prepared the medicine.

1. On April 5, 201, the Defendant acquired health insurance benefits by deception, claiming for the provision of medicine costs to the victims of the National Health Insurance Corporation by using a prescription against the recipient F of health insurance at the above pharmacy.

However, the facts are that the Defendant did not prepare medicines by visiting a member of the E Assembly by obtaining a prescription, but could not claim pharmaceutical expenses because he received a false prescription from the E Assembly member.

Nevertheless, as the Defendant issued a medical prescription, by deceiving a person in charge of the preparation of a medicine by the victim, and then received 64,500 won from the injured party for the purpose of medical care benefits around that time, as stated in the attached Table of Crimes (1), from April 5, 2011 to August 31, 2012, the Defendant received medical care benefits in an aggregate of 59,152,840 won through the above method, as stated in the attached Table of Crimes (1) from April 5, 2011 to August 31, 2012.

2. On April 27, 201, the Defendant acquired medical benefits by fraud, at the above pharmacy around April 27, 201, claimed pharmaceutical expenses to the Defendant’s mine office via the National Health Insurance Corporation’s prescription for medical insurance recipients G.

However, the defendant did not prepare medicines by visiting the E member of G, but did not receive false prescriptions from the E member of G, and thus could not claim for the pharmaceutical expenses.

Nevertheless, the Defendant, who received a medical prescription, deceiving a person in charge of the control of the victim's drug, and then paid medical care to the victim at that time.

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