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(영문) 인천지방법원 2013.04.26 2012고정2411
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a doctor to operate the “G Hospital” in Bupyeong-gu Incheon Metropolitan City F.

1. On January 31, 2011, the Defendant, despite having received non-benefit treatment (IPL) and received 4.20,000 won at the expense, entered the medical records with the above H in a false manner, as if he had received the treatment eligible for benefits, (i) the Defendant claimed medical care benefits from the National Health Insurance Corporation on February 2, 201 of the same year; (ii) the Defendant received 18,130 won from the staff in charge for diagnosis, main feed, etc. from Jun. 27, 2008 to Feb. 28, 2011; and (iii) obtained 1,219 times total sum of 9,365,375, and 297 feed, etc. from the patient under the above method as stated in the attached Table (Ⅰ) from June 27, 2008 to Feb. 29, 2011; and (iv) acquired the medical care benefits under the name of the State.

2. No person other than a doctor who engages in medical service, directly examines or examined, shall prepare and issue a prescription;

Nevertheless, from April 3, 2009 to March 17, 2010, the Defendant issued 73 false electronic prescription prescriptions as shown in the attached Table (Ⅱ), such as the issuance of false electronic prescription slips, even though there was no fact that the Defendant directly provided medical treatment to LA et al. and 25 other than those who had been provided medical treatment by visiting the said G hospital before receiving a request from K K, the former president of the pharmacy operating the said G Hospital, “I pharmacy” on the first floor of the building of the said G hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to M and J;

1. Application of Acts and subordinate statutes to a written accusation, a list of applicants for medical care benefit costs, daily account books, and a report on the details of telephone statements after treating those eligible for non-benefit benefits;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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