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(영문) 광주지방법원 2017.09.20 2017고단2735

국민건강보험법위반등

Text

A fine of one million won shall be imposed for the crime No. 1 of the judgment against the defendant, and a fine of two million won shall be imposed for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Resident Registration Act at the Gwangju District Court on April 7, 2016 and the judgment became final and conclusive on April 15, 2016.

1. The Defendant violated the Resident Registration Act was aware of the name and resident registration number of nurse D who was working at the C Hospital located in Gwangju Mine-gu, Gwangju, in around 2013.

On July 25, 2013, the Defendant received medical treatment and prescription using the above D’s resident registration number from the National Assembly members in Gwangju Mine-gu E.

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

2. On June 9, 2016, the Defendant violated the National Health Insurance Act: (a) by deceiving an employee under the name of the National Health Insurance Corporation from the National Health Insurance Corporation under the method of medical treatment and prescription using D’s resident registration number when he/she took place as D; (b) the Defendant received insurance benefits of KRW 14,640 (hereinafter “43,020” in the application for permission to amend the Bill of Amendment to the National Health Insurance on September 8, 2017, but it is obvious that it is a clerical error; (c) from that time he/she received the insurance benefits of the National Health Insurance Corporation; and (d) until December 10, 2016, he/she was paid the total amount of KRW 1 to 80 as indicated in the attached list of crimes (only once more than one to 80 times a month, and the sum of KRW 1 to 16,214,210 in the order of 81 to 96 times.)

As a result, the Defendant received insurance benefits by false means.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for investigation following fraudulent use of the health insurance card;

1. A certificate of illegal damage, such as the health insurance card;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

1. Article 37 Subparag. 10 of the Act on the Registration of Residents of the Selection of Punishment (Unlawful Use of Resident Registration Number), Article 115 Subparag. 3 Subparag. 5 of the National Health Insurance Act (hereinafter referred to as "non-payment of insurance benefits"), and Article 115 Subparag. 3 Subparag. 5 of the National Health Insurance Act, respectively. 1.