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(영문) 서울중앙지방법원 2014.10.28 2014고단6321
사기
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is an oriental medical doctor who operated C inHanam City B from March 2002 to December 2013.

Around November 7, 2008, the Defendant entered false matters in the medical records and the register of personal charges as if he actually received the medical treatment, and filed a claim for KRW 12,530 of the medical care benefit costs against D with the National Health Insurance Corporation.

The Defendant, by such means as above, deceiving the victim, received KRW 12,530 from the victim’s bank account under the name of the Defendant at that time, and took over KRW 12,530 from October 7, 201 to the bank account under the name of the Defendant, and acquired KRW 95,122,657, total sum of KRW 6,935 in the name of the medical care benefit cost as shown in the attached crime inundation table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A written confirmation or fact-finding certificate prepared by the defendant;

1. Application of Acts and subordinate statutes to the current status of administrative disposition, false request list, CDs of the investigation report (the details of the inspection direction), the ledger of receipt of personal charges, copies of the register of false applicants;

1. Article 347 (1) of the Criminal Act, inclusive, with regard to applicable Articles of the Act and the choice of punishment for the crime;

1. Articles 70(1) and 69(2) of the former Criminal Act (Amended by Act No. 12575, Oct. 14, 2014);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which constitutes a axis of the social security system, causes damage to the financial basis of the national health insurance, which makes it difficult to manage the national health insurance in a normal manner, thereby resulting in a large number of people’s disadvantage.

In addition, a criminal act has been committed repeatedly for a considerable period, and in light of the method of crime, the frequency of crime, the number of damage amount, etc., the defendant was committed.

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