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(영문) 제주지방법원 2020.02.12 2019고정546

사기등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 2014, the Defendant acquired B’s resident registration certificate at the mutual influence house in Seoul, and used it to be prescribed or treated by a medical institution.

1. The Defendant, in violation of the National Health Insurance Act, received insurance benefits equivalent to KRW 914,780, in total 86 times from around September 7, 2015, by receiving insurance benefits equivalent to KRW 914,780 by issuing a prescription stating the above method or the resident registration number in attached Table No. B, and at the same time obtaining insurance benefits by false or unjust means, by deceiving and treating the said employee as if he/she were B, by deceiving the said employee and making him/her the name and resident registration number of B, who is a subscriber to the National Health Insurance.

2. The Defendant violated the Resident Registration Act, as stated in paragraph (1), unlawfully used another’s resident registration number by issuing a prescription stating the above method or the resident registration number of B at a total of 86 times from around that time to November 21, 2018, as indicated in the attached crime sight table, to an employee in charge of requesting identification while carrying out as if he was B, as stated in the date and place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. B's written confirmation of damage and written answer;

1. Details of the Corporation's investigation;

1. A physical list for checking the potentials of water;

1. Card slips and caps of a caps;

1. Data on warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications-E);

1. Article 347(1) of the Criminal Act applicable to criminal facts; Article 115(3) of the former National Health Insurance Act (amended by Act No. 16366, Apr. 23, 2019).