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(영문) 광주지방법원 2013.09.12 2013고정541
사기
Text

Defendant

D shall be punished by fine of KRW 2,000,000.

Defendant

D If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

(Defendant D’s fraud related to K and fraud)

1. The fraud defendant around April 4, 201, at the Ma Hospital located in Gwangju Northern-gu, the defendant whose president is the defendant, for the same year.

3. On April 25, 201, K received KRW 144,990 from the National Health Review and Assessment Service by submitting to the National Health Review and Assessment Service a statement of the health care benefit expense to K on the ground that K, which had received treatment from around 24, on the ground that it was hospitalized in the above hospital from around 28, 200 to around 28,00, due to a shoulder pain, etc.

However, in fact, K did not receive hospitalized treatment as stated in the medical care expense specification, and the defendant was also aware of such fact.

In this regard, the defendant deceivings the National Health Insurance Corporation to acquire medical care benefit expenses.

2. Around April 2, 2011, the Defendant issued to K a written confirmation of discharge from entry, stating that he/she had received hospitalized treatment at the pertinent hospital from March 24, 2011 to March 29 of the same month from March 24, 2011, and that “K has received hospitalized treatment due to an unknown change in details from March 24, 2011 to March 29 of the same month, thereby allowing K to receive KRW 654,180 of insurance money.

This defendant assisted K to receive insurance money by deceiving insurance companies.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K and N;

1. The application of the current status of the position of K employee in March 201 (in an investigation record, 68 pages), medical records, nursing records (in an investigation record, from 459 to 463 pages), the application of statutes;

1. Relevant Article 347 (1) of the Criminal Act and Articles 347 (1) of the Criminal Act (Fraud, Selection of fines) and Articles 347 (1) and 32 (1) of the Criminal Act (the point of fraud and the selection of fines) concerning the crime;

1. Article 32(2) and Article 55(1)6 of the Criminal Act that mitigates punishment for aiding and abetting;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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