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(영문) 대구지방법원 서부지원 2014.05.29 2014고단3
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual operator of D Co., Ltd., an entrusted meal service company in Daegu-gu, and E, F, and G are the operators of I Hospital in Daegu-gu H.

On April 2012, the Defendant concluded an entrusted meal contract with the E, F, G and the above I Hospital.

1. In fact, the Defendant, E, G, and F, who operated the hospital restaurant directly, abused the fact that more medical care benefits, patient principal charges, and non-life insurers may receive insurance money paid from the hospital, compared to the case of operating the hospital restaurant directly, and in fact, the Defendant conspired to acquire medical care benefits, patient principal charges, and non-life insurance money as if the Defendant was entrusted with the restaurant of the above hospital and operated the restaurant directly.

In collusion with E, G, and F, the Defendant paid a deposit of KRW 400 million to E, G, and F, and even if the Defendant entrusted the restaurant of the above hospital, he/she was willing to operate the said hospital directly from June 8, 2012 to March 21, 2013 to the employees of the National Health Insurance Corporation.

Defendant, E, G, and F received KRW 86,383,755 from the National Health Insurance Corporation to March 21, 2013 a total of 32 times from June 8, 2012 to March 21, 2013 as indicated in the list of offenses (1).

Accordingly, the Defendant, along with E, G, and F, had 86,383,755 won delivered by the victim by deceiving the victim.

B. The Defendant, in collusion with E, G, and F, attempted to commit the fraud of the patient identification penalty charge against the victim, was paid KRW 400 million to E, G, and F on May 1, 2012, and even if the said hospital was entrusted to operate the restaurant of the above hospital, the above hospital was completed from April 8, 2013 to October 15, 2013 to employees of the National Health Insurance Corporation.

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