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(영문) 서울서부지방법원 2017.12.22 2017고단1372
사기등
Text

Defendant

A A The fines of KRW 8 million, the fines of KRW 15 million for Defendant B, and the fines of KRW 4 million for Defendant C.

Reasons

Punishment of the crime

1. Defendant A

A. No person other than a medical person violating the Medical Service Act may establish a medical institution, and H is not a dentist.

Nevertheless, the Defendant conspired with H, and around December 1, 2015, leased the above place and equipped with treatment facilities and equipment. He employed the private person of dental medicine at the level of 15 million won per month, and made a report on the establishment of a dental clinic with the name of "K dental clinic" at the public health clinic of the Incheon Dong-gu Office, Incheon, and took exclusive charge of its operation. The Defendant took charge of diagnosis and treatment of patients who installed the place from around that time to May 3, 2016.

Accordingly, the Defendant conspiredd with H to establish a medical institution by H, not a dentist.

(b) If a person who is not eligible to establish a medical institution, in violation of the Medical Service Act, employs a dentist to provide medical services, he/she may not claim expenses for medical care benefits under the National Health Insurance Act or medical care benefits under the Medical Care Benefits Act.

In collusion with H, the Defendant, in violation of the Medical Service Act (hereinafter “K dental clinic”), established and operated the “K dental clinic,” which is a general hospital in the name of the Defendant in violation of the Medical Service Act, as described in subparagraph 1(a). From January 14, 2016 to June 3, 2016, the Defendant: (a) filed a request for reimbursement of medical care benefits with the Health Insurance Corporation (hereinafter “K dental clinic”); (b) filed a request for reimbursement of medical care benefits with the Health Insurance Corporation (hereinafter “K dental clinic”); and (c) received 40,477,950 won in total from the victim who believed to be true, as shown in attached Table 1(36,597,730, medical care benefits, 3,80,220 won) from January 14, 2016 to June 3, 2016.

2. No person other than the Defendant B medical person can establish a medical institution, and H is not a dentist.

Nevertheless, H on May 26, 2008, around Eunpyeong-gu Seoul Metropolitan Government L and second floor, leased the above place and provided treatment facilities and equipment.

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