2011 Highest 4199 A. Fraud

(b) Violation of the Pharmaceutical Affairs Act;

1.(a)(b)

Red00

Residence, Busan Geum-gu 00 ○ Dong

Busan District Court Decision 00 Dong-gu 00

2.(a)(b)

Red00

Residence, Busan Shipping Daegu 00 Dong

Busan Southern-gu Odong

3.(a)(b)

○ Kim

dwelling of Busan Suwon-gu 00 dong

Busan Dong-gu 10 Dong

4.(a)

○ ○

Residence, Busan Shipping Daegu 00 Dong

Reference domicile Odong-gu Busan

5.(a)

HanO

Residential So-gu Busan ○○ Dong

Busan Central District Court Decision 00 Dong-dong

Edials (prosecutions) and fixed-scale trials

Attorney Kim Jong-tae (for all the defendants),

January 17, 2012

Defendant Red○○, Red○, and Kim○○ shall be punished by each fine of KRW 20 million, Defendant Lee ○, and Han ○○ by each penalty of KRW 5 million.0 million.

In the event that the above Defendants did not pay each fine, each of the above Defendants shall be confined to the Labor House for the period calculated by converting 50,000 won into one day.

On August 10, 2007, Defendant Red ○○○○ Hospital established and operated “○○○○○ Hospital (hereinafter “○○○ Hospital”) in the Geum-gu, Busan around August 10, 2007. Defendant Red ○○○ was a person who worked as the head of the administrative department in charge of administration and affairs from August 10, 2007 to March 31, 2009; Defendant Red ○○ was a person who worked as the head of the administrative department in charge of administration and management of the hospital from around 00 to around 00, the above Hong ○○ Hospital’s employees, claiming expenses for medical care benefits, etc. from around 10, 2008 to around 30, the person who worked as the head of the administrative department in charge of administration and management of the hospital from around 10, 200 to around 30, the person who worked as the head of the administrative department in charge of administration and management of the Busan ○○ Hospital’s employees.

Park○-○ is an employee working as an employee of the dispensary of an original pharmacy in ○○ Hospital from August 10, 2007 to September 30, 201, a person working as an employee of the dispensary of an original pharmacy in ○ Hospital from November 1, 2008, a person working as an employee of the dispensary of an original pharmacy in ○○ Hospital from November 1, 2008, the highest ○○○ was employed as an employee of the dispensary of an original pharmacy in ○○ Hospital from October 1, 201 to the present day, and an employee of the dispensary of an original pharmacy in ○○ Hospital from February 23, 201.

【Criminal Facts】

1. Defendant Red○○○, Red○, Kim○, ○○, ○○, and ○○ Joint Criminal Action (the direct additional fraud among the health care benefit for a hospitalized patient), Defendant Red○, Red○○, Defendant Han-○, Defendant Han-○, Defendant Kim○, and ○○○○○○, who leased and entrusted a cafeteria at 00 hospital, provided the patient with meals. The ○○○○, who provided the patient with meals at the ○○○○○○○○, managed the ○○○○○○○○’s ○○○○○○ operated by the Defendant, who provided four kinds of wages and premiums for employees, such as dietitians and cooks under the 00 hospital dietitian, and reported on the settlement of accounts for the operation of the cafeteria’s staff and the cafeteria from the head of the ○○ Hospital affiliated with the ○○ Hospital. As such, the ○○○ Hospital’s cafeteria operated the cafeteria’s cafeteria’s cafeteria’s cafeteria’s cafeteria, practically, by providing incentives separately to its employees.

Nevertheless, Defendant Hong 00, the same Hong 00, the same Hong 00, and the same Kim ○○ entered into a contract on the operation of the restaurant in the hospital with Defendant Han ○○ and the head of the department in charge of the above Red ○○○○○, and the head of the department in charge of the department in charge of the operation of the hospital, shall have a cafeteria and a cook under the jurisdiction of ○○○ Hospital to receive additional charges from the food care benefit of the in-patient, and manage the above dietitians, cooking and four insurance premiums from the 00 ○○ operated by Defendant Han ○○○○○, in substance, such as managing the above ○○○○ by reporting the above ○○, and the settlement of accounts of the hospital cafeteria operated by the above ○○○○○, the head of the planning department in charge of the above Red ○, Red ○, and Kim ○○, and the fact was, even though the medical care institution entrusted the operation of the restaurant in charge of the hospital, it reported it to the victim and publicly recruited the National Health Insurance Corporation.

Defendant Hong 00 and Red ○○ reported falsely to the National Health Insurance Corporation that it directly operates the cafeteria of 00 hospital as above. On October 17, 2007, the above ○○ Hospital’s employees in charge of filing a claim for health care benefit in the above ○ Hospital were assigned to the National Health Insurance Review and Assessment Service under the name of Defendant Red 00, and the 132,820 won was transferred from the victim to the passbook under the name of Red ○○○ on November 6, 2007.

The Defendants conspired in a successive manner as above to deceiving the victim and receive KRW 132,820 from the victim as additional dues to directly operate a restaurant. Defendant Red○○ and Han○○○ were transferred KRW 148,564,40 in total to the head of the Tong in the name of Defendant Red○○, as described in the attached Table (1) from November 6, 2007 to February 9, 201, and Defendant Red○○ was transferred KRW 148,564,00 in the above manner as shown in the attached Table (1). Defendant Red○ was transferred KRW 47,412,020 in total to the head of the Tong in the name of Defendant Red○○, from November 6, 2007 to March 31, 2009; and Defendant Red○ was transferred KRW 47,412,020 in the above manner as described in the attached Table (2) from April 1, 2009 to 31, 2019.

2. Joint criminal conduct by Defendant red 00, red 00, and Kim ○○ (the preparation of drug guidance fees from among medical care benefits for pharmaceutical medication and the violation of the Pharmaceutical Affairs Act).

(1) Discipation of medicine costs of medical care benefits

Defendant Red ○○, Defendant Red ○○, and Defendant Kim ○○ was aware that ○○○, a pharmacist of an original pharmacy in ○○○ Hospital, did not prepare drugs, but the doctor did not prepare the drugs. The ○○ Hospital’s drug preparation is in charge of 10,00 staff members of a dispensary who did not obtain a pharmacist’s license, 200, 30,000,000,0000,0000,0000,000,0000,0000,000,0000,000,000,000,000,000,00,000

Nevertheless, the Defendants directed the working-level of ○○ Hospital affiliated with their management and completed the work as a full-time pharmacist, and reported the preparation of the medicine to the Victim Red○ Hospital as if the above ○○○○ was employed by the above ○○ Hospital as a full-time pharmacist. Defendant Red○ and Red○○, the president of the hospital, filed a false report with the National Health Insurance Corporation as if the above ○○ were to prepare the medicine for the hospitalized patient while working as a full-time pharmacist, and subsequently conspired in order to receive the above medicine. Defendant Red○ and Red○ filed a false report with the Victim’s Health Insurance Corporation as if the ○○ were to prepare the medicine for the hospitalized patient. On October 17, 2007, around 0, the above 00 OO Hospital affiliated with the National Health Insurance Corporation, filed a claim for the preparation of medicine among the health care benefit expenses of ○○○ Hospital in the name of Defendant Hong○ Hospital, and received the money from the victim under the name of the Defendant Red○○○.

As above, the Defendants conspired to deceiving the victim to ○○○○○○○ Hospital’s ○○○○○○○○○○○○○ Hospital’s cambling 267,34 won, and Defendant Red ○○○○○○○ Hospital’s camblance camblance camblance camblance 30,592,40 won in the name of Defendant Red camblance, as described in attached Table (1) from November 6, 207 to February 9, 201, and Defendant Red camblamblion camblance camblance camblamblam camblamblam camblam camblon cambl, which was 38,06,910 won in total with Defendant Red camblambl camblon cambl, which had not been known.

The Defendants conspired with the above Gao, Mao, MaO, MaO, and Ma○○ as above in a successive manner on August 10, 2007, and prepared medicines without a pharmacist’s license. Defendant Red○ prepared medicines for total 4,543 patients without a pharmacist’s license from August 10, 2007 to March 11, 201 by the above method. Defendant Red○ prepared medicines for total 12,504 patients without a pharmacist’s license from August 10, 207 to March 31, 2009 without a pharmacist’s license. Defendant Red○ prepared medicines for total 12,504 patients without a pharmacist’s license, and Defendant Kim○○ prepared medicines for total 32,309 patients without a pharmacist’s license from April 1, 2009 to March 11, 2011 by the above method.

1. Each prosecutor's protocol of interrogation of Defendant Red○, Red○, and Kim○-○

1. Each prosecutor’s statement on ○○, ○○, ○○, and ○○;

1. Each police statement about ○○;

1. A written statement of the preparation of KimO and fullO;

1. Each protocol of seizure;

1. A copy of the benefit ledger in January 201, a copy of the actual restaurant employee's work log, a report on the settlement of accounts for the operation of the restaurant (○○ Hospital staff), the sum of the food and the details of funds execution, November 1 of the purchase by each business entity, an OO food supply contract, a copy of a hospital meal supply contract, a contract for the operation of each hospital restaurant (food management, etc.), a contract for the supply of food materials for the restaurant at 00 hospital, a statistical file of 00 hospital meal service, ○○ Hospital meal statistical file, ○○ Hospital meal statistical file, ○○○ and the documents related to the settlement of payments between 00 hospital, the details of the medicine expenses paid to 00 hospital, the details of emergency medical service management fees and food and additional charges paid to 00 hospital, and the personal information on patients related to the violation of the Pharmaceutical Affairs Act;

Application of Statutes

1. Relevant provisions of the law on criminal facts and the choice of punishment for the defendant red 00, red 00, Kim ○: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Article 93(1)3 and Article 23(1) of the Pharmaceutical Affairs Act; Article 30 of the Criminal Act (a comprehensive preparation of medicines without a pharmacist’s license); Article 30 of the Criminal Act (a comprehensive preparation of medicines without a pharmacist’s license); Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; and each selection of fines;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

The reason for sentencing in Articles 70 and 69(2) of the Criminal Code

1. Defendant Hong 00, Red 00, and Red OO Defendant Hong ○ was sentenced to a suspended sentence of violation of the Building Act, and there has been no history of punishment so far, Defendant Hong ○ has no history of punishment except for fines of 200,000 won, Defendant Hong ○ was the first offender, Defendant Kim ○ was suspended from payment of medical care benefit expenses of ○○ Hospital, and there is no problem in recovery of damage to the Health Insurance Corporation, and the degree of deception cannot be deemed as excessive when considering the legislative intent of direct operation of the facilities installed within 00 hospitals and the meals were cooked and provided.

2. Defendant Lee ○, and Han ○○

Defendant ○○ is an employee of ○○ Hospital, and Defendant ○○ is not a medical care institution but a medical care institution. It is so ordered as per Disposition by taking into account the two things.

Judges Lee Jong-tae