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(영문) 광주지방법원 2017.05.19 2017고정239
사기등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 2, 2013, the Defendant in violation of the Medical Service Act: (a) prepared a medical record book as if he/she had received medical records in the manner that he/she had received medical records since he/she had not conducted G despite having not conducted any medical treatment; and (b) falsely prepared a medical record book at least 321 times from around that time to December 31, 2014, such as the list of crimes in attached Form.

Accordingly, the Defendant, as a medical person, prepared a false record of treatment as a medical person.

2. On September 2, 2013, the defrauded: (a) even though the fact at the above oriental medical clinic was not a medical examination and treatment, the Defendant: (b) prepared a false medical record as seen earlier; (c) deceiving the victim by applying for medical care benefits to the National Health Insurance Corporation; and (d) received KRW 16,200 from the victim; and (c) induced the victim by deceiving the victim by the same method from around that time to December 31, 2014; and (d) received a total of KRW 4,956,180 from that time until December 31, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to H in the police statement protocol;

1. Application of each of the Acts and subordinate statutes stated in the accusation, a copy of a set of diagnosis and treatment, a medical institution reporting certificate, a certificate of medical institution reporting the establishment of a medical institution, an unjust amount by the person who has received the examination, and a copy

1. Article 88 subparagraph 1 of the relevant Act, Article 22 (3) of the Medical Service Act, Article 347 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

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

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

1. In light of the circumstances such as that the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender and is subject to separate administrative sanctions, the register of medical treatment shall be prepared in a false manner.

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