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(영문) 인천지방법원 부천지원 2016.02.02 2015고정1097

국민건강보험법위반등

Text

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

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

Reasons

Punishment of the crime

Although the Defendant is not a person subject to health insurance because he was not a person subject to health insurance and is not a person subject to health insurance, the Defendant applied for medical treatment and medicine preparation using the resident registration number of B subject to health insurance and applied for medical treatment and medicine preparation, with intent to pay the amount equivalent to the amount of the insurance coverage from the National Health Insurance Corporation.

On April 15, 2011, the Defendant, at the “D dental clinic” located in Yangcheon-gu Seoul Metropolitan Government, concluded that “B name and resident registration number E” was a false employee, and had an employee in the place believed to be true, file a claim against the Defendant for only the patient’s charge out of the medical expenses, and filed a claim with the National Health Insurance Corporation for KRW 30,130,000, which is the amount subject to insurance coverage.

In addition, from around that time to March 11, 2015, the Defendant paid 216,780 won out of the pharmaceutical preparation expenses or medical expenses to be paid by the National Health Insurance Corporation over 16 times in total as shown in the list of crimes in the attached Table of crimes, and received insurance benefits, and used another person’s resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A document verifying the facts attached to a request for a medical insurance card-related investigation and a request for an investigation above, a document verifying each person's medical records, each medical examination and treatment register, each medical insurer's medical examination and treatment register, and a certificate of payment of medical expenses;

1. Application of Acts and subordinate statutes of report on internal investigation (the attachment of a list of internal investigation and crime committed by an accuser);

1. Relevant legal provisions of the National Health Insurance Act and Article 115 (2) 5 of the National Health Insurance Act (a point of fraudulent receipt of insurance benefits), Article 37 subparagraph 10 of the Resident Registration Act (a point of fraudulent use of resident registration numbers) and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;