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 becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the National Health Insurance Act shall receive or allow another person to receive insurance benefits by fraud or other improper means;
Nevertheless, the Defendant, at the emergency room of the Seoul Red Cross Hospital located in Jongno-gu Seoul, Jongno-gu, Seoul, around July 7, 2014, abused the personal information B of the business partner B, thereby informing him of B of B’s resident registration number (C) and having the National Health Insurance Corporation receive medical treatment as he/she believed B, and charged the National Health Insurance Corporation with health care benefit of KRW 198,400. In addition, the Defendant received insurance benefits equivalent to KRW 28,612,370 on four occasions from July 7, 2014 to October 1 of the same year, as indicated in the attached list of crimes.
2. The Defendant violated the Resident Registration Act, including the unlawful use of B’s resident registration number (C) at the date, time, and place described in paragraph (1), as described in paragraph (1), and used B’s resident registration number on four occasions from July 7, 2014 to October 1, 2014, as indicated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. B written statements;
1. A medical expenses invoice, a statement of wrongful use of medical records, and the application of statutes;
1. Relevant Article 115 (2) 5 of the National Health Insurance Act (hereafter referred to as the "illegal receipt of insurance benefits") and Article 37 subparagraph 10 of the Resident Registration Act (hereafter referred to as the "illegal use of resident registration number") and choice of imprisonment with labor for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant illegally received insurance benefits and the insurance benefits have not been recovered at all, etc., and that the defendant was hospitalized in a middle-patient room due to aggravation of waste collection, and the defendant's resident registration number was used at the time.