beta
(영문) 대구지방법원 2017.04.13 2015고단5995

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2014, the Defendant was aware of the fact, etc. that he was designated at the Cheongdo Hospital located in Cheongdo-ro 198, Cheongdo-ro, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-dong, and was living in the past Busan, with the aim of hiding the fact, etc.

B Doing as if they were B.

1. No person who violates the Resident Registration Act shall unlawfully use any third person's resident registration number;

Nevertheless, around October 27, 2014, the Defendant confirmed that the “Cheongdo Hospital” was “Cheongdo Hospital,” and that the Defendant was hospitalized as the personal information of B, after receiving the medical examination and treatment, the Defendant confirmed that the officer and the staff of the said hospital were asked about the personal information of the person, and that the resident registration number of the said B was “C”.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. The Defendant: (a) between October 27, 2014 and October 28, 2015, the Defendant was hospitalized in the Cheongdo Hospital operated by the Cheongdo Medical Foundation, which was operated by the victim medical corporation, based on the same method as the preceding paragraph; and (b) as if he were B, the Defendant belonged to the hospital-related persons.

The Defendant received medical treatment equivalent to KRW 20,722,760 from hospital-related persons, and did not bear medical expenses equivalent to the same amount, thereby acquiring economic benefits.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to B or D;

1. A certificate of hospitalized treatment and a statement of medical expenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense and Article 37 subparagraph 10 of the Registration of Residents Act (the point of unlawful use of resident registration numbers);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant wrongfully uses another person's resident registration number, thereby taking profits equivalent to KRW 20 million, and the damage is not recovered, the defendant has already been punished several times for the same kind of crime, and the defendant has failed to faithfully comply with the judgment.