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(영문) 대전지방법원 천안지원 2013.09.10 2013고정787

사기등

Text

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

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

Reasons

Punishment of the crime

The Defendant, as a Canadian national, did not subscribe to national health insurance, was unable to benefit from medical insurance in Korea. On April 201, the Defendant explained the above circumstances to C and requested C to “c to receive hospital treatment in the name of C”.

Accordingly, C notified the defendant of his name and resident registration number(E) and caused hospital treatment in the name of D.

Accordingly, around April 16, 2011, the Defendant, at the Seo-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, received treatment after receiving D’s name and resident registration number from D as if he/she was D. However, as seen above, the Defendant did not have obtained consent from D to use the resident registration number, and there was no fact that he/she joined the National Health Insurance Corporation.

As above, the Defendant: (a) by deceiving employees in unknown name, paid only KRW 3,700 out of KRW 12,530, and had the National Health Insurance Corporation pay the remainder of KRW 8,830,00 to obtain pecuniary benefits equivalent to the same amount; and (b) in collusion with C, obtained unlawful use of D resident registration numbers over 29 times as indicated in the attached crime list; and (c) obtained pecuniary benefits equivalent to the same amount by failing to pay KRW 326,010 out of hospital expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Certificates of misappropriation damage, such as the health insurance card of D, and a written statement of C;

1. Application of the NHIS's self-inspection and verification details, details of medical treatment, and the Acts and subordinate statutes to report internal investigation (victim D telephone conversations/Reference Party A);

1. Article 37 subparag. 10 of the Act on the Registration of Residents, Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, and the selection of fines for the crime;

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

1. Articles 70 and 69(2)1.