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(영문) 인천지방법원 부천지원 2017.10.27 2017고단2031

주민등록법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall unlawfully use another person's resident registration number, and shall receive insurance benefits by fraud or other improper means.

Nevertheless, on September 15, 2012, the Defendant used the resident registration number of “B”, which is the health insurance subscriber, which was known to the Defendant through B, in the name-free Chinese Bracker around 1999, as if the Defendant was the above B, and received insurance benefits equivalent to KRW 12,880,00 from D, which was provided as the name and the name of D, in the name of Kimpo-si, Kimpo-si around September 15, 2012, as well as from around that time until December 5, 2016, the Defendant used the other person’s resident registration number more than 168 times in total as indicated in the list of crimes in the attached Form, and received insurance benefits of KRW 14,64,028 in total by unlawful means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written answer in B;

1. A written accusation;

1. Medical records, etc.;

1. Application of the notified legislation;

1. Relevant legal provisions concerning criminal facts, Article 37 subparag. 10 of the Act on the Registration of Residents of the Selection of Punishment ( comprehensively including the illegal use of resident registration numbers), Article 115 subparag. 3 subparag. 5 of the National Health Insurance Act (excluding the illegal receipt of insurance benefits), and each choice of imprisonment with labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The following conditions are comprehensively taken into account: (a) the nature of the crime is not good; (b) the frequency of the crime is long; (c) the frequency of the receipt of insurance benefits received without writing; (d) the insurance benefits received are not returned; (c) the recognition of and reflects the crime; (d) the domestic criminal punishment has no record; and (e) the various sentencing conditions indicated in the records and theories, such as the motive and background of the crime; and the circumstances after the