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(영문) 서울남부지방법원 2018.11.16 2018고정949
국민건강보험법위반등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Although the Defendant is not a person subject to health insurance due to not purchasing the health insurance, and the Defendant bears the full amount of the medical care expenses and the medical care expenses, he/she applied for the medical care and care expenses using the resident registration number of B subject to health insurance and applied for the medical care and care expenses to the National Health Insurance Corporation to pay the relevant amount of insurance among the medical care

On August 11, 2013, at D dental clinics located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant made an employee at the dental clinic “B,” false words “E,” and made the employee believed to be true, claiming only the patient’s charge among the medical expenses, and demanded the National Health Insurance Corporation to claim KRW 83,950, which is the amount subject to insurance.

In addition, from around that time to March 16, 2017, the Defendant paid 341,200 won out of the medicine preparation expenses or medical expenses to be paid by the Defendant over 11 times in total as shown in the list of crimes in the attached Table of crimes, and received insurance benefits, and used another person’s resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 115 (3) 5 of the National Health Insurance Act, Article 37 subparagraph 10 of the Resident Registration Act, and the choice of fines for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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