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(영문) 서울동부지방법원 2019.10.25 2019고정405

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 9, 2018, the Defendant violated the Resident Registration Act, at the “C Council member” located in the second floor in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, requested the employees to verify whether he/she applied the health insurance, and the employees denied D’s resident registration number by making the name and resident registration number available to the employees.

2. Fraud and the Defendant violated the National Health Insurance Act, on January 9, 2018, received medical treatment as if he/she were D from the above “C Council member,” and had the National Health Insurance Corporation pay KRW 74,570 to the victim as the insurance benefits.

As a result, the defendant acquired 74,570 won from the victim and received insurance benefits or let another person receive insurance benefits by fraud or other improper means.

3. On January 9, 2018, the Defendant, at the coffee shop in Gwangjin-gu Seoul Special Metropolitan City, was issued 2.9 million won following the date to the victim “after having sexual intercourses with the width. They should undergo a rash treatment at the sexual organ. They shall report to the police. They shall not be held. They shall report to the police. They shall be reported to the rash.” The Defendant, such as the gabing of the table, and received 2.9 million won following the day from the food victim.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning G;

1. Each police investigation report (the result of execution of a warrant of search, seizure, and verification and the attachment of C Hospital receipts, and the statement of employees received around January 3, 2018);

1. Application of Acts and subordinate statutes to report on investigation by the prosecution (report on telephone statement by the complainant);

1. Relevant Article 37 subparagraph 10 of the Resident Registration Act concerning facts constituting an offense, Article 37 subparagraph 10 of the Act on the Selection of Punishment (the point of use by other persons), Article 347 (1) of the Criminal Act (the point of use by fraud), Article 115 (3) 5 of the National Health Insurance Act (the point of receipt of false insurance benefits), and Article 350 (1) of the Criminal Act

1.Article 40 of the Criminal Code of Trade and Trade.