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(영문) 의정부지방법원 2014.06.13 2014고단838
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

When operating A dental clinic in Nowon-gu in Seoul Special Metropolitan City, the Defendant filed a claim for medical care benefit costs with the National Health Insurance Corporation, the Defendant filed a false claim as if the patient had received medical care without having received medical care, or received medical care by claiming false medical care benefits with the National Health Insurance Corporation as if the patient had received medical care benefits by claiming false medical care benefits from the actual number of days.

Around April 8, 2010, the Defendant: (a) around March 2, 2010, without having received medical treatment from the relevant dental clinic, and (b) around March 2, 2010, the fact was obtained by obtaining the amount of medical care benefit equivalent to KRW 13,634,490, total sum of 624 times in total, as shown in the separate crime list, by means of a similar method from December 5, 2008 to November 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written accusation and order for investigation;

1. Application of Acts and subordinate statutes to an investigation report (a false statement attached to a false statement of claim, and field investigation data related to A dental clinics);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that the amount of fraud has been fully returned);

1. The scope of recommendations according to the sentencing guidelines under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act [the scope of recommendations] and the basic area (6 months to 100 million won) (6 months to 100 million won) (the person subject to special mitigation) or considerable damage has been recovered.

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