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(영문) 인천지방법원 2018.11.05 2018고정1646

사기등

Text

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

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

Reasons

Punishment of the crime

Defendant and B are the members of the C church in Seocheon-do and have mutual understanding. In a situation where the Defendant is unable to receive national health insurance benefits because he/she did not subscribe to national health insurance, he/she is willing to be exempted from medical expenses by presenting the name and resident registration number of B when he/she received medical treatment at a hospital or when he/she is prescribed at a pharmacy.

1. On December 21, 2016, the Defendant: (a) entered the name and resident registration number (F) in the E’s certificate in Bupyeong-si, Seocheon-si; and (b) received medical treatment from an in-name herb doctor; and (c) filed a claim with the National Health Insurance Corporation of the Victims for the amount of KRW 27,710, which he/she knew of such fact with the victim’s name and received treatment from the victim; and (d) exempted the victim from paying the medical expenses equivalent to the said amount.

In addition, from October 25, 2016 to August 9, 2017, the Defendant, as indicated in the list of crimes in attached Form 360, deceiving the victim by the same method, thereby exempting the victim from paying the medical expenses of KRW 10,19,110 in total.

2. The Defendant in violation of the National Health Insurance Act was paid insurance benefits of KRW 10,19,110 via the same method over 360 times, such as a list of crimes, by entering B’s resident registration number in the item column of the patient’s personal information at the same time and at the same place as paragraph (1).

3. The Defendant violated the Resident Registration Act, including the entry of B’s resident registration number in the patient identification column in the patient identification column at the same time and place as Paragraph 1, and used B’s resident registration number on more than 360 occasions as the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. G 1. The statement;