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(영문) 대전지방법원 2014.10.1.선고 2014고단1854 판결
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Cases

2014 Highest 1854 Fraudulent

Defendant

A person shall be appointed.

Prosecutor

Freeboard (Public Prosecution) Maternity (Public Trial) Maternity (Public Trial)

Defense Counsel

Attorney Jeon-Un, (Korean Charter)

Imposition of Judgment

October 1, 2014

Text

Defendant shall be punished by a fine of KRW 2,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

Reasons

Criminal facts

The defendant is a physician who operated the "○○ Council member in Seo-gu, Daejeon from June 2008 to January 2012.

When the Defendant operated the above ○○○○○○○○○○, the Defendant, using the computer in the room of the president, entered the details of medical care for patients into the pre-service system, he/she received medical care benefits from the National Health Insurance Review and Assessment Service by transmitting the details of medical care entered by the Defendant to the National Health Insurance Review and Assessment Service via a computer computer system as above, and accordingly, he/she received medical care benefits from the National Health Insurance Corporation (hereinafter “victim”) which is the victim. As such, he/she received medical care benefits from the victim by falsely inputting the details of medical care as if he/she provided medical care for non-medical patients.

On August 25, 2008, the Defendant entered the details of the treatment falsely as if the Defendant treated B, a patient who was not actually treated in the computer computer system, at the head of the above hospital room, and applied for medical care benefits to the Victim’s Service on September 2, 2008, and received 10,450 won as retirement allowance during the same month. From that time to May 30, 201, the Defendant fraudulently entered the details of the treatment over 1,323 times as shown in the attached list of crimes, and received medical care benefits of the sum of 12,329,040 won from the Victim’s Service by claiming for medical care benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the interrogation records of the defendant by the prosecution

1. Each police statement about C public corporation, etc.;

1. Delegation of accusation measures by the Minister of Health and Welfare, health insurance and medical care institutions;

1. Current status inquiry, examination order, and written confirmation of the medical care institution;

1. As a result of checking whether a person has made a false request, a fact confirmation, and the current status of human resources of the staff;

1. Details of account transactions;

1. Investigation report (Investigation of e-mail by witnesses), e-mail

1. A investigation report (a false request for the number of days of internal origin, and a payment status of other collected money), and a detailed statement of unpaid dues;

The certificate of each description of transactions

Application of Statutes

1. Relevant Articles of criminal facts;

Article 347 (1) of each Criminal Code (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;

Articles 70(1) and 69(2) of the Criminal Act

Reasons for sentencing

Taking into account the fact that the National Health Insurance Corporation has paid the full amount collected in relation to this case.

It is so decided as per Disposition for the above reasons.

Judges

Judges Cormoon

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