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(영문) 대구지방법원 2017.11.30 2017고단3942
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 3, 2007, the Defendant violated the Fraudulent Insurance Act and the National Health Insurance Act, was aware of the past in the “D children’s clinic” located in Daegu-gu, Seogu, Daegu-gu, and was known to the Defendant.

With the knowledge of E's resident registration number, the defendant was committed as if he were E, and the defendant was arrested by employees in the name of E and the name of E, and had the National Health Insurance Corporation pay insurance benefits of KRW 7,980 to the above hospital from around that time to March 14, 2017 by deceiving the victim of the above hospital to pay insurance benefits of KRW 7,980 in a total of 167 times as shown in the daily list of crimes in attached Form 167, and had the victim pay insurance benefits of KRW 4,797,217 to each hospital, pharmacy, etc., by getting the victim to pay insurance benefits of KRW 4,797,217 in total, as shown in the list of crimes in attached Table 1, and thereby getting each hospital, pharmacy, etc. to receive insurance benefits by unlawful means.

2. On June 21, 2016, the Defendant violated the Resident Registration Act: (a) received medical treatment at the “G dental clinic” located in Daegu-gu, Seogu; (b) and (c) used another person’s resident registration number on 17 occasions in total as indicated in paragraph (1) as if he/she were E and the name and resident registration number of E was written; and (c) around that time, from March 14, 2017 to March 14, 2017, the Defendant unlawfully used another person’s resident registration number at least 17 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the Act on the Selection of Punishment ( comprehensively including frauds), Article 115(3)5 of the National Health Protection Act ( comprehensively including supply and demand of insurance benefits), Article 37 Subparag. 10 of the former Resident Registration Act (Amended by Act No. 14191, May 29, 2016); and each choice of imprisonment with labor, respectively.

1. The former part of Article 37 of the Criminal Code, and Article 38.

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