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(영문) 광주지방법원 2018.07.19 2018고정554

국민건강보험법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive insurance benefits or have another person receive insurance benefits by fraudulent or other unlawful means.

1. On September 23, 2017, the Defendant: (a) at C Hospital located in Gwangju Mine-gu, Gwangju (Seoul) around 10:17, stated the personal information of E, the former wife of the Defendant, and, as if D were E, charged the National Health Insurance Corporation with medical expenses equivalent to KRW 135,980, and received insurance benefits equivalent to the same amount.

2. On October 13:37, 2017, the Defendant: (a) stated the foregoing E’s personal information at C Hospital located in Gwangju Mine-gu, Gwangju, in order to have D of Chinese nationality undergo an internal border test; (b) had D bear the medical expenses equivalent to KRW 98,020 to the National Health Insurance Corporation as if it were E; and (c) had D receive insurance benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing a certificate of medical records of C hospital;

1. Article 115 of the National Health Insurance Act and Article 115 (3) 5 of the National Health Insurance Act, and the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;