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(영문) 수원지방법원 여주지원 2017.03.22 2016고정322
의료급여법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive medical benefits by fraudulent or other illegal means.

On February 17, 2016, the Defendant, at “A medical clinic in Echeon-si” located in Echeon-si, notified the medical professionals of the name and resident registration number of the witness D who sought personal information at the time of receipt in order to be exempted from the relevant medical expenses due to diseases such as urology, high blood pressure, and blood transfusion, etc., and notified the medical professionals of the name and resident registration number of the relevant medical personnel as the right to receive medical benefits.

As above, the Defendant was unfairly exempted from medical expenses of KRW 13,270, while working in D, who is a person entitled to medical treatment. As described in the attached table between March 17, 2015 and February 17, 2016, the Defendant was unfairly paid medical benefits of KRW 1,231,540 over 20 times in total, as shown in the attached table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes regarding real-time medical treatment;

1. Relevant provisions of the Act and Article 35 (4) 3 of the Act (Selection of penalty) of the Act concerning the relevant criminal facts as well as medical benefits for the choice of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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