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(영문) 대전지방법원 2018.07.06 2018고단157
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On December 01, 2008, the Defendant was issued a prescription of 10 meters x x xm ethyl xm xm xm x, a stroke, by using the personal information of “D and E” at a member of the C Council located in Singu-gun, Chungcheongnam-gun, 2008, as if he were D.

From around that time to June 23, 2017, the Defendant: (a) had C Council members without knowledge of the fact file an application for insurance benefits with the Health Insurance Review Evaluation Institute for the payment of KRW 7,925 from the victim, who received such notification; and (b) had each hospital and pharmacy receive financial benefits equivalent to KRW 2,708,454, a sum of the medical care benefits benefits paid by stealing the personal information of D over 317 times, such as the contents of the list of crimes in attached Form 317.

2. No person shall buy insurance benefits or allow any other person to receive insurance benefits by fraud or other improper means.

On May 24, 2013, the Defendant: (a) abused D’s personal information from G Council members located in the Seoul Chang-gun F, Chungcheongnam-gun on May 24, 2013; and (b) caused each hospital and pharmacy to receive insurance benefits by unlawful means over a total of 209 times, as described in paragraphs 109 through 317 of the List of Offenses.

Article 115(2)5 of the National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016; Article 115(3)5 of the same Act (amended by Act No. 14084, Mar. 22, 2016; hereinafter referred to as the same Act) which provides that a person who receives insurance benefits or causes another person to receive insurance benefits shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won, is newly established. This provision was enforced on the same day (the foregoing punishment provision was amended by Act No. 115(3)5 of the same Act as at present). The attached crime list 1 through 108 (Crimes until May 8, 2013) of the list of crimes committed prior to the enforcement of the above provision, and thus, the prosecutor is in a comprehensive relationship with the public prosecutor.

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