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(영문) 의정부지방법원 2016.07.11 2016고단1220
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is an intention to operate E members on the Songpa-gu D and fourth floor from February 1, 2012 to April 27, 2014, Dongjak-gu Seoul, 302, and from April 28, 2014 to April 28, 2014.

On February 1, 2012, the Defendant was issued KRW 41,260,00 to the victim by falsely preparing the records of medical treatment and the details of the examination as if he/she provided the victim's medical treatment and examination to the National Health Insurance Corporation as if he/she provided the victim's medical care benefits to the National Health Insurance Corporation, and then applying the victim for the payment of medical care benefits to the National Health Insurance Corporation on March 2, 2012, when he/she did not know the operation of the hospital at around that time, and had an individual debt of KRW 4,50,000,000,000.

In addition, from around that time to August 2014, the Defendant, as indicated in the list of crimes in the attached Table, by deceiving the victim by claiming the increase of the number of days of internal organs of the patient who was born in the above method or the number of days of internal organs as stated in the list of crimes, and received a total of KRW 192,03,564, including KRW 190,616,296, and KRW 1,417,268 as the name of medical care benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written accusation;

1. A certificate;

1. Current status of medical care institutions;

1. Orders for inspection;

1. A copy of a fact-verification;

1. Status of administrative dispositions;

1. Request for an on-site investigation;

1. A paper of inspection records;

1. Details of false number of days of entry and requests for issuance of evidence;

1. Application of Acts and subordinate statutes to specifications of expenses incurred in providing medical care to persons who suffer from a disease and copies thereof;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] In the case where considerable damage has been restored to the mitigation area (one hundred million to two years) (one hundred and half years), the mitigation area (one hundred and half years), the reduction area (one hundred and half years), and one half years) (the special mitigation person] (the decision of sentence] of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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