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(영문) 부산지방법원 2013.03.28 2012고단9548
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From February 2, 2004, the Defendant: (a) from around February 2, 2004, when operating Busan Council members, filed a claim for medical care benefit costs with the National Health Insurance Corporation; (b) had no patient who actually received medical treatment, by raising the number of days of internal source by fraudulent means; or (c) had been treated as non-medical care benefits, such as vaccination, but could have received medical care benefits by fraud.

Around March 17, 2008, the Defendant: (a) on February 2, 2008, filed a false claim for medical care benefit costs of KRW 11,627 on 125 times in total, as indicated in the list of crimes, from around January 14, 201, even though the Defendant did not receive medical treatment with members, such as the statement in the claim for reimbursement of benefits; (b) filed a false claim for a total of KRW 11,680,066 on 125 occasions as indicated in the list of crimes; and (c) obtained it from the National Health Insurance Corporation; and (d) obtained it from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A copy of each written answer referred to in D or E;

1. A written accusation;

1. A copy of an inquiry into the current status of medical care institutions, an investigation order, and a written request for submission of documents related to

1. A copy of a confirmation, statement of medical care benefit costs for persons with disabilities, and written request for on-site investigation;

1. Data on the unfair details by the winner;

1. Application of Acts and subordinate statutes to investigation reports (including attachment, etc. of health insurance review data);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act to attract the workhouses does not have any criminal history, and the amount of fraud caused by the instant crime cannot be deemed to be relatively larger, and all the above defraudeds were paid to the Victim Corporation, and all other circumstances such as the circumstances leading to the instant crime, means, and method.

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