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(영문) 수원지방법원 2017.05.18 2017고정304
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a doctor to operate the “E Council member” located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu.

A person shall not claim expenses for medical care benefits for non-benefits, if he/she does not interfere with his/her duties or daily life (such as points, mathy, stephy, depression, slick, etc. due to aging phenomenon), or if he/she is not for the purpose of improving the essential functions of the body, or medicine and treatment materials costs.

Nevertheless, in 2011, the Defendant provided 1,027 patient treatment at the above E member of the E member of the E member of the E member of the E member of the E member of the E member of the E member of the E Committee for the purpose of beauty art, the male care, the sale management, the removal of sale removal, and performed the procedure. By June 27, 2011, the Defendant, up to January 2, 2012, filed a false claim for the medical care benefits costs under the name of injury different from the fact, such as the saleth, the salethal disorder in the sale, the salethal disorder in the upper sale, the salethaleth, the saleth, and the salethma, and received the total of KRW 10,073,410,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Fact-finding certificates and written confirmations of the defendant;

1. A complaint, a copy of a statement of expenses for medical care benefits, and a medical examination and treatment register;

1. Application of Acts and subordinate statutes to investigation reports (verification of the contents of CDs attached to records), investigation reports (additional documents accompanied by the submission of health and welfare records);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant claims expenses for medical treatment of the injury or disease caused incidental to the above procedure at the early stage of the rasher’s marization procedure by mistake as being eligible for medical care benefits. Therefore, there is no intention of fraud, and there is no justifiable reason for such mistake.

2. The judgment of the defendant is also applicable to non-benefit diseases.

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