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(영문) 서울중앙지방법원 2018.11.09 2018고단3166
사기방조등
Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 10,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

[Defendant A and Defendant B, who committed the crime, are dental doctors operating the “E dental” on the second floor of the building D in Jung-gu in Seoul, and Defendant B, who are in charge of the above dental counseling office, upon receiving a request from dental patients who receive insurance money according to the frequency of dental surgery, and agreed to the purport that “the request is made to ensure that the above patients receive insurance money,” and prepared a medical certificate in a way that the number of dental surgery of the patients is less than the actual number of dental surgery, thereby helping the above patients make false claims for insurance money.

1. On February 7, 2014, the Defendants prepared a false diagnosis report: (a) around February 7, 2014; (b) around 36, 37, and 2, each day after the F patient undergoes a crypt surgery; and (c) upon the patient’s request, the Defendants accepted the request and accepted the request; (b) Defendant B prepared a draft medical examination report as if the FF had conducted a crypt surgery twice on two occasions on January 14, 2014; and (c) Defendant A prepared a final diagnosis report by checking the content thereof and approving it.

In addition, from December 1, 2013 to October 6, 2016, Defendants drafted a false medical certificate of 10 parts in total, as shown in [Attachment Table 5-14] from around December 1, 2013 to around October 6, 2016.

As a result, the Defendants conspired to prepare a false diagnosis.

2. The Defendants, with knowledge of the fact that they received insurance money exceeding the actual frequency of treatment by submitting a medical certificate stating a patient F et al. to the victim G Co., Ltd. at a time and at a place set forth in the above A (a) at a time and at a place, he/she made it easy for the Defendants to acquire insurance money worth KRW 5,940,000,000, in total by providing the above F et al. with a medical certificate stating the frequency of dental treatment, such as the list of crimes in the attached list.

Accordingly, the Defendants conspired with each other.

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