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(영문) 서울북부지방법원 2016.04.22 2016고단433
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a herb doctor who operates the “D Hanwon” on the second floor of the land building in Gangnam-gu Seoul Metropolitan Government.

The National Health Insurance Service for Victims (hereinafter referred to as the "victim Service") provides medical care benefits to persons eligible for medical care benefits who are covered by health insurance according to the details of medical care entered by medical staff members after accessing the victim's website, and medical care benefits are paid to persons eligible for medical care benefits designated by each local government as persons eligible for medical care, and medical care benefits are paid to each medical staff member.

On April 2010, the Defendant: (a) was unable to operate the above D Medical Center because it was difficult for the Victim to verify the authenticity of the details of the medical examination and treatment in the above procedure; (b) provided medical treatment despite the absence of medical examination and treatment to the patient; or (c) provided non-medical treatment to the single-style customers located in the same building, but did not receive medical treatment; and (d) provided medical care benefits or medical care benefits to the Victim.

On April 7, 2010, the Defendant had access to the website of the Victim and had access to the homepage of the Victim Corporation. The Defendant entered false medical records as if he had received medical treatment even though he did not receive medical treatment. On May 20, 2010, the Defendant received KRW 10,370 from the Victim Corporation as the expenses for medical care benefits on around May 20, 2010.

The Defendant, including this, obtained a total of KRW 23,453,353 from the Victim Corporation in terms of expenses for medical care benefits or medical care benefits by inputting false medical care into a total of 2,072 occasions from May 20, 2010 to April 19, 2013, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. As a result of verification of each truth-finding telephone (Visits), each fact-finding statement, each fact-finding confirmation, telephone statement statement, and each entry into or departure from Korea, as a result of verification of each fact-finding telephone.

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