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(영문) 수원지방법원 안산지원 2016.10.11 2015고단4192

사기등

Text

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. On June 1, 2009, the Defendant violated the Resident Registration Act: (a) at the “C pharmacy” located in Mapo-gu, Ansan-si; (b) the employees of the above pharmacy in the name in order to prepare medicine under one’s own pro-friendly D name who is the health insurance subscriber, and (c) said D’s resident registration number “E” as if he was D’s resident registration number; and (d) denied the use of D’s resident registration number by the same method over a total of 452 times as indicated in the attached list of crimes, from that time until July 30, 2015.

B. On June 1, 2009, at a pharmacy as listed in paragraph (1) around June 1, 2009, the defrauded: (a) by deceiving employees of the above pharmacy in the same manner as indicated in the same paragraph; (b) by inducing employees of the above pharmacy to claim insurance proceeds from the Victim National Health Insurance Corporation; and (c) requiring victims to pay KRW 8,900 as the Corporation’s charges to the above pharmacy; and (d) from that time to July 30, 2015, the defrauded provided hospital treatment more than 452 times in the same manner and prepared medicine at the pharmacy; and (e) requiring victims to pay the Corporation a total of KRW 46,820,420,420 in the sum of the charges to the hospital, pharmacy, etc., thereby obtaining pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. A written request to investigate the president of the National Health Insurance Corporation;

1. Application of Acts and subordinate statutes, such as the place of medical treatment and the list of physical fitness in confirming persons;

1. Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of resident registration number) and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The period of the crime of sentencing under Article 62-2 of the Criminal Act is long, and the number of times is long.