2019 Highest 204 Fraudulent

○○, 74 South Korea, dentists

Residential Ulsan

Busan District Court

Freeboard (prosecution, public trial)

February 13, 2020

Defendant B shall be sentenced to one year’s imprisonment. However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Facts of crime

The defendant is a person who operated a dental clinic in the name of "○○○ Department" in Ulsan-gu from 2004 to 2014.

Defendant: (a) around October 12, 2010, at the above dental clinic; and (b) on September 1, 2010, Defendant: (c) prepared a false medical record of the content that he was provided with medical treatment under the name of the injury, i.e., “the need to take other preventive measures specified in the above dental clinic although he was not provided with medical treatment; (d) sought medical care benefits from the Victim’s Health Insurance Corporation; and (e) filed a claim for medical care benefits benefits with the Victim’s National Health Insurance Corporation; and (e) from that time to June 16, 2014, the Defendant received KRW 5,236 in the name of the cost of medical care benefits from the Victim; and (e) received KRW 3,071 in total as evidence of the crime list (the name of the Defendant omitted, the name of the claim for medical care benefits, etc.) other than the need to take other preventive measures specified above, and received the summary of the cost of medical care benefits under the name of 3,071.

1. The legal statement of the defendant

1. Protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of the court;

1. A written accusation (including attached documents);

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Relevant provisions concerning criminal facts;

Article 347(1) of the Criminal Act, Selection of imprisonment

1. Suspension of execution;

1. The scope of the sentence of Article 62(1) of the Criminal Act: Imprisonment with prison labor for not less than one month but 10 years;

2. The scope of recommending sentences according to the sentencing standards.

[Determination of Type] Fraudulent Crime 01. General Fraud [Type 1] below 100 million won

[Special Sentencings] Aggravations: Where a person has committed a crime repeatedly over a considerable period of time.

[Scope of Recommendation and Recommendation Form] Aggravated area, one year to two years, and two years and three months and six: Determination of the sentence: There is no attitude of reflection, most of the frauds are not returned, and there is no previous convictions.

Judges Kim Jong-ok