국민건강보험법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of KRW 500,000);
2. Determination
A. On April 18, 2018, the prosecutor applied for the amendment of the indictment to the effect that the prosecutor withdraws the Defendant from the violation of the National Health Insurance Act at least 1,2 times a year in the attached Table of the indictment, among the facts charged in the instant case against the Defendant, on April 18, 2018, and the lower court notified the Defendant of the decision to permit the amendment of the indictment at
The purpose of applying for the amendment of the above indictment is to revoke the prosecution against each of the above violations of the National Health Insurance Act, which are in a substantive relationship with the remaining facts charged. As such, the court below should have rendered a decision to dismiss the prosecution against the defendant pursuant to Article 328 (1) 1 of the Criminal Procedure Act regarding each of the above facts charged in the instant case. However, the court below omitted the trial.
However, the court below omitted the decision of dismissal on this part.
Even in this case where only the defendant appealed, it would be sufficient to separately decide the dismissal of prosecution on this part, and it is not necessary to reverse the judgment of the court below on the ground that it constitutes an unlawful cause affecting the conclusion of the judgment. Therefore, the judgment of the court below is not reversed
B. As to the wrongful assertion of sentencing, the Defendant’s liability for having the National Health Insurance Corporation pay insurance benefits in an unlawful manner is somewhat minor.
shall not be deemed to exist.
However, the defendant recognizes his mistake and reflects, and there is no record of punishment exceeding the same kind and fine.
In this case, the defendant would pay the total amount of 48,280 won of the insurance premium paid illegally, not the amount of 48,280 won.
There are many things.
Article 11787 of the Act on May 22, 2013 provides that “A person who, by fraud or other improper means, causes another person to receive insurance benefits or causes another person to receive insurance benefits shall be punished by imprisonment with labor for not more than one year or by not more than ten million won.”