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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an oriental medical doctor, who is the president of the “D Hanwon” in the 3rd floor of the Jung-gu Seoul Metropolitan Government Building.
1. From around September 24, 2010 to around September 24, 2010, when the Defendant claimed medical expenses for the victim to the National Health Insurance Corporation, the Defendant: (a) stated the patient E in the medical records as if he/she provided medical care, and applied to the Health Insurance Review and Assessment Service for medical care benefits, and received KRW 26,570 as medical expenses from the victim around that time; and (b) received KRW 180,550 in total from the victim by applying for false medical care benefits as stated in the separate crime list (1) and (2) from the time to August 23, 2012, as if he/she provided the patient E and F with medical care as if he/she provided the patient E and F.
2. No medical person who has violated the Medical Service Act shall prepare a false medical record, etc. or make an additional entry or revision intentionally differently from the fact;
Nevertheless, around August 23, 2012, at the same place as Paragraph 1, the Defendant prepared a false medical record as stated in the attached Table No. 4, as if he had received the treatment despite the absence of the patient E received the treatment as stated in Paragraph 1.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of fines) concerning facts constituting an offense, and Articles 88 and 22 (3) of the Medical Service Act ( false entry of a medical record and selection of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;