Defendant

Kim Jong-do

Attorney Lee Bo-ho

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

3. An order to pay an amount equivalent to the above fine provisionally;

As the president of the “○○○○○ Department” hospital, the Defendant directly manages the overall operation of the hospital, such as the diagnosis, surgery, issuance of a medical certificate, etc. to patients, or instructs the employees of the nursing assistant, etc. to administer the hospital.

The above hospital operated by the Defendant is a hospital specialized in the training type removal surgery (hereinafter “mmomomomomoth mom-moring surgery”), and the mmomomoth mom-mor is using the method of minimizing the improvement of the skin under the national anesthesia and cutting and inhaleing the training species using a tool with a special increase in the number of times. As such, there is no need for continuous observation and treatment for most patients, such as drug medication and treatment, and it is difficult for them to discharge immediately after having blood and stability at the recovery room, and therefore, hospitalization is not necessary in principle.

Nevertheless, the Defendant committed the following crimes with a view to raising profits by attracting patients with Mamomo-mom catom catus by issuing a medical certificate stating false details of hospitalization so that patients can receive insurance money according to the insurance subscribed to a private insurance company with the knowledge that the Mamo-mat catom catus is non-benefit items that do not apply to medical insurance, and because the Mamo-mat catum catus is large amount, patients cannot easily determine the procedure.

1. Preparation of a false medical certificate;

Around January 8, 2008, the Defendant did not perform continuous observation and treatment, such as medication or treatment for six hours at the minimum time of hospitalization, against Nonindicted Party 1, the patient at ○○○○○○ Hospital and the hospital located in Daegu-gu ( Address omitted) around January 8, 2008. However, on or around January 12, 2008, the Defendant: (a) written diagnosis in A4 using a computer at the above hospital; (b) the patient’s name “Nonindicted Party 1”; (c) the patient’s name “208-01-08”; and (d) the future treatment opinion “2008-01-08” with the dives of the front left-hand fiber line, and signed and sealed the Defendant’s name “the Defendant’s name and seal affixed to the Defendant’s ○○○○○ Hospital” and “the Defendant’s name and seal affixed to the Defendant’s 2008-01-12” and “the Defendant’s name and seal affixed to the above hospital.

In addition, from around that time to August 3, 2010, the Defendant prepared a false 27 medical certificate with total sum of 25 times, as shown in the annexed Table (1) in the above hospital.

2. Fraud;

As seen above, the Defendant conspired with Nonindicted Party 2, etc., who is an employee of his woman, to attract patients and receive insurance proceeds from the insurance that the patient joined a private insurance company based on the medical certificate, by issuing a false medical certificate stating the hospitalization after conducting a Mamo-mom cating surgery to the patient.

Around March 19, 2007, the Defendant consulted Nonindicted 4, the patient, via Nonindicted 2 and 3, who is an assistant nurse, with the purport that “the matom operation shall be carried out if the price of the matom is satched and if the insurance is subscribed, it shall be processed by insurance.” On March 26, 2007, the Defendant provided that Nonindicted 4, who is the patient, will issue documents necessary for the treatment of the insurance.

In addition, the Defendant, around March 30, 207, at the above hospital: (a) even though Nonindicted 2, 3, and Nonindicted 4 did not receive the treatment while staying in the hospital for more than six hours after having performed the procedure against Nonindicted 4 as above; (b) on March 26, 2007, prepared a false written confirmation of hospitalization discharge on the day of hospitalization; and (c) issued it to Nonindicted 4; and (d) around April 11, 2007, Nonindicted 4 claimed the payment of insurance money to an employee whose name was unknown, based on the false written confirmation of hospitalization discharge.

Therefore, the Defendant conspired with Nonindicted 2, 3, and Nonindicted 4 in sequential order, thereby deceiving the victim as above, and received KRW 582,000 insurance money from the victim around April 27, 2007.

In addition, from around that time to September 2, 2010, the Defendant conspired with Nonindicted 2 or Nonindicted 3, 5, and 6, and Nonindicted 4, a patient, who is an employee of the Defendant, in collusion with Nonindicted 2 or Nonindicted 3, 5, and 6, and Nonindicted 4, a patient, and received total of KRW 19,867,027 as insurance money from the victims for 29 times in total.

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Investigation protocol of Nonindicted 5 by the prosecution

1. Each summary of the prosecutorial record on Nonindicted 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17, 18, 19, 20, 4, 21, and 22

1. The defendant and the non-indicted 7, 8, 23, 9, 10, 11, 12, 13, 14, 15, 16, 17, 24, 1, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 18, 36, 37, 38, 39, 40, 19, 41, 42, 43, 44, 20, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 36, 57, 21, 202, 20, 46, 48, 49, 50, 56, 527, 21

1. Copy of the protocol of interrogation of Nonindicted 2 by the police officer

1. The police statement of Nonindicted 58

1. Each statement of Nonindicted 3, 30, and 57

1. One copy of the investigation report (in relation to attachment of the investigation report (for documents, etc. submitted by Nonparty 58), Nonindicted 58, and the veterinary treatment records, and one copy of the electronic medical treatment records;

1. Investigation report (as to the attachment of the copy of the statement by Nonindicted 59) and the police statement by Nonindicted 59

1. One copy of the investigation report (as to the attachment of documents on the ○○○○ and the closing of the insurance business), a copy of the payment of insurance proceeds, and a copy of the off-○○○ and an address respectively; and

1. A copy of the investigation report (as to the attachment of Nonindicted 60’s written statement and the content of the protocol) and the written statement by the police against Nonindicted 60

1. Investigation report (as to ○○○ and Internet advertisement advertisement)

1. Six photographs showing an investigation report (in relation to ○○○○ and advertising photographs), ○○○○○○ and a signboard, and Mamomomoto’s surgery;

1. One copy of a photograph of an investigation report (in relation to the attachment of photographs of the mmomomomomom practice and the mmomomomob'sprob), and of an instrument for administering mmomomoom patient;

1. Two copies of a photograph of a report on investigation (as to photographs of seized articles), and of a photograph of a medical record, etc. which is a seized article;

1. A copy of investigation report (in relation to attachment, such as a copy of medical examination and treatment (including an electronic sheet), a copy of medical examination and treatment, etc. of patients who have claimed insurance money to an insurance company after conducting Mammo-mat surgery and obtaining a false hospitalization certificate and a false hospitalization certificate;

1. A report of investigation (as to attachment of a copy of seized articles), a assistant nurse's pocketbook, a copy of a book, and a copy of a member's reservation book;

1. Investigation report (as to the attachment of Non-Indicted 51’s proposal for payment of Samsung Fire Insurance Proceeds)

1. Responses to requests for cooperation in investigation (○○○ case, the Financial Supervisory Service);

1. Investigation report (as to the standard of hospitalization of a damage insurer)

1. Investigation report (as to attachment of Non-Indicted 29, 32, and 55 of a suspect’s diagnosis report)

1. Investigation report (as to attachment of Non-Indicted 7 and 49 medical certificates, etc.)

1. Investigation report (as to the attachment of Nonindicted 45’s medical certificate)

1. Report of investigation (Adjustment of list of crimes);

1. Records of seizure and the list of seizure;

1. Data on medical treatment other than ○○○○ and on medical treatment, insurance companies, etc. (○○○)

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

Articles 233, 347(1), and 30 of the Criminal Act (Selection of Fine for Negligence)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The defendant has no previous conviction for the same kind of crime, there is no criminal conviction sentenced to the suspended sentence of imprisonment without prison labor or heavier punishment, the amount of the damage of this case is not large, and the amount of the damage of this case is seeking a fine of KRW 7,00,000 in the prosecutor's office, and the defendant has compensated for the damage by depositing the victim Samsung F&M and Dong fire in each deposit of KRW 5,282,65 won and KRW 14,584,372 respectively, and the defendant has compensated for the damage by taking account of various sentencing factors such as the defendant's occupation, age, family relationship and economic ability.

[Attachment]

Judges Permission-gu