2013 Highest 178, 2015 Highest 1428 (Consolidation) Preparation of false medical certificates, and preparation of false medical certificates

the proviso of events, fraudulent means, obstruction of performance of official duties;

Fraud

A person shall be appointed.

○○○, △△△△ (each indictment), ○○○ (Trial)

Attorney △△△

January 11, 2018

A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

1. Highest 2013 highest 178

The defendant was the president of the ○○-gu Seoul ○○○-dong** * ○○ Hospital in * is a medical specialist outside prison.

A. The procedures for applying for registration of persons with disabilities, who have filed for registration of persons with disabilities, along with the disability diagnosis certificate and related documents issued by a medical institution, are allowed to register persons with disabilities, and the administrative agency depends on the disability diagnosis certificate issued by a medical institution, and the defendant, taking advantage of the fact that the administrative agency depends on the disability diagnosis certificate issued by a medical institution, the defendant, individually or by seven persons, such as △△△△△, a recruitment scheme for issuing a false disability diagnosis certificate, introduced persons who wish to register persons with disabilities to the administrative

피고인은 2009. 8. 28. 경 위 병원에서, □□□으로부터 허위로 장애인 등록을 원하는 ◇◇◇을 소개받아 오이 2009. 1. 경 스키를 타다 넘어져 우측 발목이 골절되어 치료 받은 사실은 있지만 강직 증상이 없고 운동범위가 감소되지 않아 지체장애 6급 3호에 해당하지 아니함에도, 장애진단서 용지의 성명 란에 ' ', 장애부위 또는 질환명란에 ' 우측 족관절강직 ', 진단의사의 소견 란에 ' 우측 족관절 골절에 의한 족관절강직 , 운동범위가 75 % 이상 감소된 사람 ', 장애등급 란에 ' 하지관절 6급 3호 ', 날짜 란에 ' 2009. 8. 28. ', 진단 의사명 란에 ' A ' 라고 각 기재하고, 그 이름 옆에 도장을 찍어 > ◇에 대한 장애진단서 1장을 허위로 작성한 것을 비롯하여 그 때부터 2011. 3. 28. 경까지 △△△ 등과 공모하여 30회에 걸쳐 허위로 장애진단서를 작성하였다 .

(b) Exercising false written diagnosis and obstruction of performance of official duties;

On September 3, 2009, the Defendant submitted to the Dong office of △△△-dong, △△-dong, a written disability diagnosis of the related persons prepared in falsity, such as by mail, and made them registered as a public official belonging to the Dong office, and submitted a false disability diagnosis report in collusion with △△△△, etc. from March 31, 201 to March 31, 201, and obstructed the registration of disabled persons by administrative agencies, such as the Dong office, as a deceptive scheme.

2. 2015 highest 1428;

The defendant is the defendant's intention and is the victim's insurance company's insurance company's insurance contract with the Korea Life Insurance Company, and is the representative of insurance company's (State) who sells the insurance products.

Where a policyholder concludes an insurance contract in case of a dudrid pension insurance product sold by the victim, the insurance agency attracting the insurance is entitled to receive an insurance fee equivalent to the monthly paid-in premium from the insurance company of the following month for about six months.

On June 29, 2009, the Defendant borrowed insurance commission to receive KRW 5,860,00 from an insurance company and changed the insurance premium into a convalescent office with KRW 5,000,000 to KRW 5.0,000 per month, and the Defendant was unable to pay the insurance premium to the Defendant for more than 5,00,000 won each month because it was difficult for the Defendant to use the insurance commission to receive KRW 5,000,000 from the financial institution as collateral because it was difficult for the Defendant to use the money to pay the insurance premium to the Defendant for more than 6,00,000,000 won each month due to the fact that the Defendant did not lend the money to the Defendant for more than 5,00,000 won to the financial institution or for more than 6,000,000,000,000 won as collateral for interest payment.

The Defendant, by deceiving the victim as such, entered into two contracts with the victim on the same day as that of the victim, and received KRW 239, 797,250 from the victim on July 24, 2009.

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

Summary of Evidence

[2013 Highest 178]

1. Partial statement of the defendant;

1. Each protocol of examination of the witness in relation to △△△△, △△, and litigation of this Court;

1. A report on the examination of each police suspect against △△△, △△, △△, and ○○;

1. A report on the police statement about △△△, Magna, and Magra;

1. A disability diagnosis certificate (△△△, △△, △△);

1. Medical opinion (△△△, △△, △△);

1. Investigation reports (Procedures for registration of counterpart disabled persons to public officials in charge of welfare service, and guidance for welfare projects for disabled persons;

1. Investigation report (report on confirmation of the results of the disposition of the suspected suspect's case), mediation of the results of the disposition of the case, the results of the integration of the cases; 1. Investigation report (the details of the disposition of the case by the accomplices involved), each summary order, and indictment;

【2015 Highest 1428】

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement 1. Statement 1. Statement 1. Statement 1.

1. Original of a notarial deed;

1. A copy of a forward remittance;

1. A rehabilitation plan (a revised plan);

1. A list of transactions;

1. A certificate of insurance coverage;

1. Full certificate of the registered matters;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 233 and 30 of the Criminal Code (Preparation of False Diagnosis Statement), Articles 234, 233, and 30 of the Criminal Code (False Preparation and Diagnosis Statement), Articles 137 and 30 of the Criminal Code (Obstruction of Performance of Official Duties by Fraudulent Means), Articles 137 and 30 of the Criminal Code, and choice of imprisonment 1. Concurrent Treatment of Crimes

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

The sentence of punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act; and equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act; and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship;

- The social harm caused by the preparation of a false disability diagnosis report is serious, the amount of damage to the crime of defraudation is approximately KRW 230,000,000 and not received from the victim;

Judges Yang Sang-ap