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(영문) 대구지방법원 2019.01.10 2018고정1072
사기등
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

When the Defendant received medical treatment at a hospital in order to pay less medical expenses, as the Defendant was not subject to national health insurance as a Japanese, he had the mind to present at will the name and resident registration number B, who is a person to be paid national health insurance.

1. Around February 23, 2017, the Defendant, in violation of the National Health Insurance Act, visited a member of the department of anesthesia (Danesthesia) in Daegu-gu C, Daegu-gu, to present his/her name and resident registration number as if the Defendant was B, and received medical treatment from his/her doctor E at the receiving site. The Defendant, in violation of the National Health Insurance Act, was exempted the National Health Insurance Corporation from paying the amount of medical expenses equivalent to the same amount by having the victim claimed KRW 105,490 from the Corporation and received it from the victim.

In addition, from around that time to March 17, 2018, the Defendant received treatment as if he were B from a medical institution on a total of 23 occasions, as shown in the attached list of crimes, and had the victim pay the sum of KRW 1,422,130 to the above medical institution, and exempted the Defendant from paying the same amount of medical expenses.

Accordingly, the Defendant, as seen above, obtained pecuniary benefits by deceiving the victim, and received insurance benefits by falsity or other illegal means.

2. Around February 23, 2017, the Defendant violated the Resident Registration Act: (a) visited a member of the department of anesthesiaD anesthesia located in Nam-gu, Daegu-gu; (b) presented his/her name and resident registration number as if the Defendant was B; and (c) received medical treatment from his/her doctor E at the reception site; and (d) used B’s resident registration number on a total of 23 occasions from around that time to March 17, 2018, as indicated in the attached list of crimes.

Accordingly, the Defendant unlawfully used another person’s resident registration number as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A outpatient treatment register;

1. The investigation report (the F phone statement of the nominal owner of the cellphone) 1.

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