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(영문) 수원지방법원 안산지원 2019.06.05 2018고단733
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around March 12, 2013, the Defendant unlawfully used the resident registration number of D at least 527 times, as indicated in [Attachment Table 495 or 1021], from the time to December 30, 2016, when he/she saw himself/herself as D in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and received medical treatment by using the name and resident registration number of D.

2. On May 23, 2013, the Defendant illegally receiving insurance benefits received insurance benefits from the above C Council members, using D’s name and resident registration number, and let the National Health Insurance Corporation pay KRW 7,714 as the medical care benefit costs to the above hospital. From that time, from that time, the Defendant received medical care for 489 times until December 30, 2016, and had the National Health Insurance Corporation pay the sum of KRW 8,479,002 as the medical care benefit costs, and received insurance benefits by fraud or other improper means.

3. Around March 16, 2008, the Defendant obtained a victim’s pecuniary benefit equivalent to the sum of KRW 16,359,235 from a medical care institution by requiring the victim to pay KRW 8,072 as the medical care benefit cost to the above hospital, after receiving medical treatment by using the name and resident registration number of D, and allowing the victim to pay KRW 8,072 as the medical care benefit cost at the above hospital, from that point to December 30, 2016, as shown in the list of crimes in the separate list of crimes, from that point to December 30, 2016.

As to this part of the indictment, the prosecutor applied Article 347(2) and (1) of the Criminal Act to the effect that “the defendant deceivings the victim to have the medical care institution, which is a third party, deliver the property.” However, the indictment may not infringe the identity of the facts charged, but may result in a substantial disadvantage in guaranteeing the defendant’s right of defense.

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