beta
(영문) 춘천지방법원 원주지원 2018.09.13 2018고단770

주민등록법위반등

Text

A defendant shall be punished by imprisonment for six months.

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 March 21, 2017, the Defendant violated the National Health Insurance Act (hereinafter “National Health Insurance Act”) and received insurance benefits of KRW 22,392,70,700 from the National Health Insurance Corporation on four occasions, as shown in the separate crime list, from around that time to June 1, 2017, by notifying C hospital located in Seoul as if he/she were D and treating the hospital as if he/she were D. In addition, the Defendant received insurance benefits of KRW 22,807,70 in total from the National Health Insurance Corporation by such unlawful means as in the separate crime list.

2. On March 21, 2017, the Defendant violated the Resident Registration Act, including the unlawful use of D’s resident registration numbers at the above location. From around that time to June 1, 2017, the Defendant used D’s resident registration numbers on four occasions, such as the list of crimes committed in attached Form 4.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the official document requesting the investigation of the National Health Insurance Corporation, the background and details of the fraudulent use of the health insurance card, the confirmation of the illegal use of the health insurance card, the physical fitness confirmation, and the copies of medical records to the Acts and subordinate statutes;

1. Article 115 of the National Health Insurance Act, Article 115 of the National Health Insurance Act, Article 37 subparagraph 10 of the Resident Registration Act, and each choice of imprisonment with labor, 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the insurance benefits that the Defendant unlawfully received and received are not recovered from considerable damage, and that the need for severe treatment is deemed to have been observed due to bad credit standing, and that the health status still remains unnecessary. In addition, taking account of the various circumstances, including the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is determined as ordered.