2015dan6213 Fraud, fabrication of private documents, uttering of private documents, and violation of the Resident Registration Act

A person shall be appointed.

Orscin (prosecutions) and screenings (public trial)

Attorney B (Korean National Assembly)

November 5, 2015

A defendant shall be punished by imprisonment for one year.

Criminal facts

【Criminal Power】

On February 6, 2015, the Defendant was sentenced to imprisonment with prison labor on February 6, 2015 in Busan District Court for night residence intrusion larceny, larceny, etc.

On April 3, 2015, the enforcement of the sentence was completed in Busan Correctional Institution.

[Criminal Facts]

1. Violation of the Resident Registration Act;

On June 5, 2015, the Defendant obtained consent from D Hospital located in Jinnam-si, Changwon-si, Jinnam-si, and E.

(F) a hospitalization agreement stating E’s resident registration number (F) as the principal is E, and a higher hospital;

A resident registration number of another person by preparing an application for use and submitting it to the D Hospital around that time.

Illegal use was made.

2. Forgery of private documents;

A. The Defendant, while receiving treatment at the time and place specified in Paragraph 1, was hospitalized for the purpose of exercising the right.

In the form of "Agreement", 'Name E', ' male and female', 'F', 'resident registration number', 'tel' and 'tel' on the paper of the Agreement.

G. The name of E after stating ‘Y apartment', ‘Y apartment', ‘the name of the patient on June 5, 2015', ‘the name of the patient ‘Eâ, â……………………………………………ââââââââ

On the other hand, the signature was made voluntarily.

Accordingly, the defendant may forge a letter of hospitalization in the name of E, a private document concerning the rights and obligations.

was made.

B. The Defendant received medical treatment at the time and place specified in paragraph (1) and received “a superior soldier for the purpose of exercising his/her duties.”

In the form of "application for actual use", the address of "Seo-gu, Jinwon-gu, Changwon-si using a shot-mix," and the name "the name"

E 'E', 'resident registration number F', '2', '60,00 won/day', '501', 'the applicant', 'E' on June 5, 2015, 'the applicant', 'the applicant', 'the resident registration number, '2', '60,00

After indicating "the relationship with the person in question", the person was arbitrarily private on the back of the E name.

As a result, the Defendant may file an application for the use of a higher-class hospital in the name of E, a private document on rights and duties.

B forged B.

3. Uttering a falsified investigation document;

A. The Defendant, while receiving treatment at the time and place specified in Paragraph 1, is aware of the forgery.

D. In respect of an employee whose name the D Hospital’s name is not known, a forged hospitalization agreement, as described in paragraph 2(a).

As the completion of the construction was duly formed, the construction was exercised.

B. The Defendant, who received medical treatment at the time and place specified in Paragraph 1, is aware of the forgery.

D An employee whose name the D Hospital’s name is unknown shall be used in a forged higher-class hospital room as described in paragraph 2(b).

As the book was duly formed, the book was held as a real event.

4. Fraud;

The defendant is hospitalized in the name of sick person, such as slots, at the time and place specified in paragraph (1).

D Name E, resident registration number F, telephone, and address of an employee in charge of whom the name of the D Hospital is not known;

'Chowon-si's personal information called "H apartment" was false.

However, ‘E' and ‘F' are the personal information of another person that the accused has become aware of, and ‘G', of which the accused has become aware of.

of the father's contact number, "J apartment in Jin-gu, Jingu, Changwon-si" is the address of father's neighboring house, and the defendant is the defendant.

The defendant has stolen property at the time and has no income or property at the time and has received medical treatment from the victim.

In addition, there was no intention or ability to repay hospital expenses, etc., and from the beginning, it did not pay hospital expenses, etc.

It was the intention to take note of.

From June 5, 2015, the Defendant deceiving the victim as such and deceiving him from the victim.

The amount equivalent to the same amount provided with medical treatment, hospitalization, etc. equivalent to KRW 2,422,652 until June 20, 2015

The property interest was acquired.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A copy of the certificate of discharge from a hospital, records of progress, statement of medical expenses, application for use of a higher-class hospital room, and a copy of the agreement of hospitalization;

1. Before judgment: Criminal records, results of confinement of prisoners, results of search of prisoners;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 37 subparag. 10 of the Resident Registration Act, Articles 231, 234, and 347(1) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100 million)

[Person under Special Leave]

Criminal Code is very poor or fraudulent in trial proceedings to prevent fraud by deceiving a court to commit fraud;

the same repeated offense, if any;

【Determination of Sentence】

Crimes committed by forging documents and committing frauds, etc. are inferior, and crimes committed during the same period of repeated crime;

While considering the fact that the act was committed as an unfavorable factor in sentencing, the motive of the act in this case is favorable for sentencing.

by taking account of the foregoing, the sentence shall be determined as ordered.

Judges Gyeong-sik