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(영문) 청주지방법원 제천지원 2020.02.06 2019고단363
의료급여법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall receive medical benefits or have a third party receive medical benefits by deceit or other fraudulent means.

around February 8, 2017, the Defendant received medical benefits of KRW 39,050,050 from C Hospital located in Seocheon-si B as D and received medical treatment. From that time to June 27, 2019, the Defendant received medical benefits equivalent to a total of KRW 24,390,130,000, in total, 64 times, as indicated in the attached crime list, as above, by unlawful means, from June 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. To request the investigation of illegal receipt and demand of medical benefits;

1. A copy of a written request for investigation; and

1. A copy of the written statement;

1. A report on the theft of medical benefits;

1. One copy of each data on medical records;

1. A written confirmation of medical treatment;

1. One copy of individual medical treatment;

1. Report on internal investigation (investigation into telephone communications with the F.O. in charge of prime in hospitalization at the E Hospital);

1. Reports on internal investigation (Submission of certificates, etc. of medical benefits in the case of Incheon);

1. A certificate of medical benefits (D);

1. Application of a certificate of eligibility for medical benefits (D)-based Acts and subordinate statutes;

1. Article 35 (4) 3 of the Medical Care Assistance Act applicable to the relevant criminal facts and the selection of a penalty;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below) shall be determined as follows: (a) comprehensively taking into account the following conditions of sentencing, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime; and

Unfavorable circumstances: The Defendant received medical benefits equivalent to KRW 24 million in total by illegal means over 64 times in approximately two years and four months.

The period of crime is long, the number of times is not high, and the amount of illegal receipt is reasonable.

The favorable circumstances: The mistake is recognized and reflected.

Defendant’s health is not very good.

(C) On December 23, 2019, the Defendant, after committing the instant crime, provided the cost of living benefits.

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