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(영문) 대전지방법원 공주지원 2013.08.30 2013고정59

주민등록법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around August 22, 2011, the Defendant violated the Resident Registration Act, by using D’s resident registration number (E) known in the drinking place, upon receiving treatment from C Hospital located in Seo-gu, Seo-gu, Seoul, and using the Defendant’s name D. Around that time, the Defendant unlawfully used another person’s resident registration number on a total of 59 occasions from that time to December 6, 2012, as indicated in the attached list of crimes.

2. From around that time to December 6, 2012, the Defendant violated the Medical Care Assistance Act: (a) received medical treatment at the time and place specified in the foregoing paragraph (1) and, even if the Defendant was not aware of the name of the said member; (b) by deceiving the said employee as if having received D’s resident registration number, the National Health Insurance Corporation used D’s resident registration number to impose KRW 13,380 out of the Defendant’s medical expenses; and (c) thereby obtaining profits equivalent to the same amount; (d) from around that time to around December 6, 2012, the Defendant would have the victim bear KRW 1,415,180 in total over 59 times, and received medical benefits by unlawful means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of medical benefits suspicion of identity theft, and application of Acts and subordinate statutes on spot benefits reply;

1. Relevant legal provisions concerning criminal facts, Article 347 (1) of the Criminal Act (Fraud point), Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of another person's resident registration number), Article 35 (1) 2 of the Medical Care Assistance Act (the receipt of medical benefits in an unlawful manner), and the selection of fines;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between the crime of fraud and the crime of violating the Medical Care Assistance Act);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.