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(영문) 부산지방법원동부지원 2020.11.06 2020고단1131

마약류관리에관한법률위반(향정)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, while taking advantage of long-term water exemption, has become difficult to obtain effects by using only one-day recommended volume per day while taking advantage of the personal information of B, which was known by an influence method, in order to recover more than the above exemption, was committed as if the defendant was B, and was able to receive medical treatment at a medical institution and prescribe drugs.

1. On November 13, 2015, the Defendant violated the Resident Registration Act: (a) committed the following acts in the “D” located in the Dong-gu Busan, Busan, as if the Defendant was B; (b) received medical treatment using B’s resident registration number without permission; and (c) subsequently, used B’s resident registration number on a total of 96 occasions, such as the list of crimes (1) by December 19, 2019.

2. On November 13, 2015, the Defendant violated the National Health Insurance Act: (a) around November 13, 2015, the nurse in charge of receipt was provided with medical treatment by having the nurse in charge of receipt as if he/she was B; (b) had the National Health Insurance Corporation pay KRW 9,665 to the victim of the National Health Insurance; and (c) had the victim bear KRW 9,665,00 from that time until December 19, 2019, such as the list of crimes (1) in the attached Table (1).

Accordingly, the Defendant received insurance benefits by illegal means.

3. He/she shall not possess, possess, use, transport, control, import, export, manufacture, administer, administer, give or receive, trade, assist in trade of, or deliver narcotics or psychotropic drugs, other than a person handling narcotics, etc. (or a person handling narcotics);

Although the Defendant is not a person handling narcotics, on November 23, 2015, the Defendant received medical treatment by unlawfully using B’s resident registration number in the “F Council” located on the second floor of the Busan Jin-gu building, Busan.