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(영문) 서울북부지방법원 2015.02.04 2014고단1857
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

[criminal power] On October 20, 201, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Suwon District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and the judgment became final and conclusive on October 28, 201.

【Criminal Facts】

The defendant is a person who operated the E-Korean Council member in Dongdaemun-gu Seoul Metropolitan Government D.

1. On January 2008, the Defendant jointly committed a crime with F and F to employ F, a herb doctor, and to operate one Council member in F’s name. A.

No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.

From January 14, 2008 to July 14, 2009, the Defendant provided medical facilities, such as treatment rooms, bedclothes, etc. in Dongdaemun-gu Seoul Metropolitan Government D, and the Defendant provided F with monthly wage of 4 million won per month, and opened and operated “E” in the name of F.

(b) Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed an oriental medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;

The Defendant, from January 14, 2008 to July 14, 2009, employed F from “E” to treat patients. The Defendant, upon receiving a claim for medical care benefit from the National Health Insurance Corporation, transferred the sum of KRW 90,595,080,080, in total, to an enterprise bank account in F’s name, from April 2, 2008 to June 22, 2009, as indicated in the list of crimes in the separate list of crimes, as shown in the crime committed in the table of medical care benefits.

Accordingly, the Defendant, in collusion with F, established a medical institution by non-medical personnel, and acquired the total sum of KRW 90,595,080 from the National Health Insurance Corporation for the purpose of medical care expenses.

2. On July 2009, the Defendant of the joint criminal conduct with G and the Defendant recruited G, a herb doctor, and recruited to operate one Council member under the name of G.

No person, other than medical personnel, may establish a medical institution, such as an oriental medical doctor who violates the Medical Service Act.

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