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(영문) 울산지방법원 2017.09.06 2017고단1442

사기등

Text

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

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

Reasons

Punishment of the crime

On November 2, 2016, the Defendant was sentenced to a suspended sentence of three years for a violation of the Resident Registration Act at the Ulsan District Court, and the judgment became final and conclusive on the 10th of the same month.

1. No person who violates the Resident Registration Act shall unlawfully use any third person's resident registration number;

Nevertheless, on May 2, 2015, the Defendant, at the “D Hospital” located in Ulsan-gu, Ulsan-gu, Seoul-do, submitted the E resident registration number by entering the E’s resident registration number (F) in his/her application for medical treatment as if he/she were E, and used another person’s resident registration number unlawfully by taking medical treatment from that time until September 6, 2016.

2. No person who violates the National Health Insurance Act shall receive insurance benefits under the National Health Insurance Act by fraud or other improper means;

Nevertheless, on May 23, 2015, the Defendant: (a) received medical treatment in the name of E, such as the method described in paragraph (1), even if he is not E; (b) had the National Health Insurance Corporation bear 12,770 won of the medical expenses excluding personal charges; and (c) from that time until October 2, 2015, the Defendant had the victim bear insurance benefits equivalent to KRW 49,450 in total five times in the same manner as indicated in No. 2 or No. 6 of the List of Crimes No. 2 or No. 6.

As a result, the defendant deceivings others to acquire financial benefits, and was paid insurance benefits under the National Health Insurance Act by improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each investigation report, details of medical care benefits, and the Stockholm dialogue content (Evidence No. 11.