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(영문) 대구고등법원 2019.01.09 2018노426
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

but for three years from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, after a consumer cooperative established and operated a medical institution, established and operated the medical institution by using his/her name, and acquired the medical expenses and costs of the medical care benefits from the National Health Insurance Corporation. Each of the instant crimes is highly likely to cause damage to the financial soundness of the National Health Insurance Corporation operating the national health insurance system by disturbing sound medical order and financial basis of insurance premiums paid by the national.

On the other hand, the defendant recognized all of the crimes of this case in this court, and repented his mistake.

Among the crimes of this case, medical practice in the crime of violation of the Medical Service Act was performed by qualified doctors.

It seems that the money acquired through the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud crime is actually used for the operation of medical institution, and it seems that the recovery of the money acquired through the victim will be

There shall be no penalty power exceeding a fine, and there shall also be no same penalty power.

The defendant has been actively engaged in volunteer activities for local communities, such as free meal service activities.

The family members and branch members of the defendant appeal against the defendant.

Considering such various circumstances and the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, etc., the sentence imposed by the lower court seems to be too unreasonable.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act.

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