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(영문) 전주지방법원 2018.06.01 2018고단363

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for the crime of injury at the Jeonju District Court on September 13, 2013, and the judgment became final and conclusive on September 13, 2013. On October 5, 2016, the former District Court sentenced to six months of imprisonment with prison labor for larceny and two years of suspended execution, which became final and conclusive on October 13, 2016. On January 12, 2017, the former District Court sentenced the Defendant to three months of suspended execution and one year of suspended execution, which became final and conclusive on June 3, 2017.

1. On October 14, 2008, the Defendant was provided medical treatment after deceiving the Defendant’s medical professionals whose name cannot be known as being E by using his/her resident registration number (F) at the Dolsan-gu, Busan-si, Seoul-si, and by taking advantage of his/her resident registration number (F).

However, the defendant only used E's resident registration number and was not E.

Defendant: (a) deceiving medical professionals as above; (b) let the National Health Insurance Corporation receive 8,180 won of the charges from the National Health Insurance Corporation by claiming charges from the National Health Insurance Corporation; and (c) from around that time to July 14, 2017, Defendant: (a) obtained pecuniary benefits equivalent to KRW 2,063,238 in total by receiving medical treatment from hospitals and pharmacies or claiming for the amount of charges from the National Health Insurance Corporation after receiving medical prescriptions throughout 239 times in total, as shown in the attached crime sight table (1).

2. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraudulent or other illegal means;

Nevertheless, on May 28, 2013, the Defendant received insurance benefits in the manner that the Defendant would pay 6,630 won to the National Health Insurance Corporation, as if the Defendant was E, using his resident registration number (F) as if he was the Defendant, and then paid 6,630 won to the National Health Insurance Corporation.