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(영문) 서울중앙지방법원 2020.08.20 2020고단757
사기등
Text

1. Defendant A shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and B;

(a) No person who violates the Medical Service Act may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation under the Civil Act, a quasi-governmental institution, etc.;

Nevertheless, from April 1, 2013 to March 31, 2019, the Defendants conspired to invest necessary funds, such as hospital establishment funds, facility operation expenses, etc., and opened a “F obsium” (hereinafter “instant hospital”) under the name of Defendant B, and then bring profits to the Defendant’s representative director in charge of the duties of care for the hospital operation, such as patient attraction, hospital revenue and expenditure management. Defendant B provided the name necessary for the hospital establishment to Defendant A and operated the hospital as the representative director of the hospital on the condition that Defendant A receive the benefit of KRW 18 million each month under employment.

As a result, the Defendants established a medical institution even if they were not in collusion with doctors.

(b) No person other than a medical institution established under the Medical Service Act for fraud may claim medical care benefit costs under the National Health Insurance Act;

Nevertheless, the Defendants are above-mentioned.

Around May 30, 2013, the fact that the instant hospital was established and operated by a person, other than a medical person, and was normally established, claimed medical care benefit costs as if it was a medical institution, and its affiliated amount received KRW 3,007,470 from the victim of the National Health Insurance Corporation under the name of Defendant B in the G Bank account (H) in the name of Defendant B as medical care benefit costs, and received from that time the sum of KRW 335,465,560 in total over 114 times until March 8, 2019, as shown in the attached list of crimes, from that time.

As a result, the Defendants conspired to induce the victim.

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