beta
(영문) 서울서부지방법원 2020.10.06 2020고단2433

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

From around June 2, 2004, the Defendant: (a) had been taking advantage of the water surface guidance system, which requires more quantity of water surface guidance; (b) had been prescribed to use the water surface guidance system; (c) had been informed of D’s resident registration number, a restaurant employee managed by the Defendant in Mapo-gu Seoul; (d) had been prescribed to 12.5mg of luscis CR 12.5m of luscis on his own as D; (c) received insurance benefits of KRW 8,828 from F in Mapo-gu Seoul Metropolitan Government E; and (d) had been paid insurance benefits of KRW 6,820 from around the same day to February 28, 201, and received insurance benefits of KRW 5,540,5750,57,500 from around the same day by taking advantage of the attached list (5 to February 28, 2020).

As a result, the Defendant, by unlawfully using another person’s resident registration number, deceivings the National Health Insurance Corporation, acquires economic benefits equivalent to the above amount, and received insurance benefits.

(Provided, That part against I is limited to fraud). Summary of evidence

1. Defendant's legal statement;

1. Each written statement of the police officer with respect to I of D, G, H, I, J, and K;

1. Application of each statute of sight;

1. Article 37 subparag. 10 of the Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016); Article 37 subparag. 10 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016); Article 115(3) of the National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016); Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016) for criminal facts.