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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1227

주민등록법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor of 10 months, and by a fine of 2 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number;

On June 4, 2012, the Defendant used the resident registration number of another person over 394 times in total, as shown in [Attachment Table 1-394] No. 1-394, from around March 16, 2016, for hospital treatment using the above E’s resident registration number without permission of E, and received prescription for hospital treatment.

B. Around June 4, 2012, the Defendant: (a) received hospital treatment using the above E’s resident registration number without permission from the above D; and (b) subsequently, (c) obtained a total amount of KRW 3,254,710 for 394 times in total, including, but not limited to, an employee in charge of claiming medical expenses from the victim National Health Insurance Corporation under the above D’s medical care benefit payment charge; (d) around that time, an employee in charge of claiming medical expenses from the victim, claiming KRW 9,090 as the health insurance benefit payment charge charge; and (e) obtained economic benefits equivalent to KRW 9,090 by allowing the victim’s employee to pay medical expenses; and (e) from that time, until March 16, 2016, the Defendant acquired financial benefits equivalent to KRW 3,254,710 in total,

(c)

No person who violates the National Health Insurance Act shall receive insurance benefits by fraudulent means.

However, on May 23, 2013, the Defendant received hospital treatment using the above E’s resident registration number without permission from the G Council member, and prescribed the medicine, and according to the medical treatment, the Defendant requested the National Health Insurance Corporation to pay KRW 6,630 to the employees in charge of claiming the medical expenses of the above G Council members under the contents of the medical treatment, and received insurance benefits equivalent to KRW 6,630 by unlawful means by allowing the National Health Insurance Corporation employees to pay the medical expenses at around that time. From that time, the Defendant received insurance benefits equivalent to KRW 6,630 by unlawful means, from that time until March 16, 2016.