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(영문) 부산지방법원 2021.02.03 2020고단4822

국민건강보험법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraudulent or other illegal means;

The defendant, who is not able to get a prescription more than the standard value with respect to the national health insurance purchased under his own name, was able to get hospital treatment and prescription using the name and resident registration number of B that he became aware of while working.

On April 19, 2017, the Defendant, at the “D Council member” located in Seo-gu Busan, Busan, as if the Defendant was B, deceiving the person related to the hospital by using the name and resident registration number of B, and caused the person related to the hospital to claim insurance benefits from the said hospital to the National Health Insurance Corporation, thereby receiving insurance benefits of KRW 11,750, and caused the victim to pay the amount equivalent to the same to the above hospital.

In addition, the Defendant received a total of 136 times from July 25, 2020 via the same method as indicated in the list of crimes in the attached Table, and charged the victim with a total of 1,212,817 won, thereby obtaining economic benefits equivalent to the amount of the said money, and at the same time receiving insurance benefits under the National Health Insurance Act by false or other unlawful means.

2. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number;

Nevertheless, on April 19, 2017, the Defendant received medical treatment from the D Council members as described in paragraph (1) around April 19, 2017, and used B’s resident registration number (E) as if the Defendant was the resident number of the Defendant.

In addition, from that time until July 25, 2020, the Defendant unlawfully used B’s resident registration numbers more than 136 times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. Investigation reports on each treatment record in the accusation book (F hospital replies);