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(영문) 대구지방법원 2019.08.13 2019고단2901

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

1. Around August 31, 2009, the defrauded: (a) the Defendant, by deceiving an employee in charge of the C Hospital located in the Si-U.S., whose name is unknown, as if he were D; and (b) by deceiving the victim of the National Health Insurance Corporation to provide the said hospital with insurance benefits of KRW 322,230; and (c) from that to April 12, 2014, the Defendant acquired financial benefits equivalent to the total amount of KRW 6,173,475 in the same way as indicated in the attached Table of Crimes (1) by allowing the victim to pay insurance benefits of KRW 6,173,475 in total to the hospital, etc., as indicated in the attached Table of Crimes (1).

2. Around June 13, 2014, the Defendant violated the National Health Insurance Act and the Resident Registration Act: (a) made an employee in charge of the F pharmacy located in Boan-si, Boan-si, the name of which is unknown, as if he were D; and (b) by deceiving him and purchasing medicine by means of deceiving him as a subscriber of D’s resident registration number; and (c) made the National Health Insurance Corporation pay the insurance benefits of KRW 125,130 to the above pharmacy; (b) from that to December 3, 2018, the Defendant paid the insurance benefits of KRW 3,466,326 in the same way as shown in the List of Crimes (2) in the same manner as indicated in the attached Table of Crimes (2), thereby obtaining financial benefits equivalent to that amount; (c) received insurance benefits in a false or unjust manner; and (d) denied the resident registration number of D, a third person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a list of offenses;

1. The written answer (D) and the police statement of D;

1. Application of Acts and subordinate statutes to a report on investigation (revision of a list of crimes);

1. Each of the relevant Articles of the Criminal Act, Article 347(1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act (the illegal use of each resident registration number), and Article 115(3)5 of the National Health Insurance Act (the fact that each illegal insurance benefit is received, and the crime committed after September 23, 2016 is committed) and respective of the former.