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(영문) 울산지방법원 2018.07.04 2018고단1252
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Resident Registration Act or the National Health Insurance Act shall unlawfully use any third person's resident registration number, and no person shall receive insurance benefits or allow any third person to receive insurance benefits by fraudulent or other illegal means;

On September 14, 2017, the Defendant received insurance benefits by using F’s resident registration number in the department E located in Young-si District D on September 16, 2017, using the same as F’s resident registration number. As F, the Defendant used another’s resident registration number unlawfully after undergoing a medical examination and an in-depth alarm examination as if he were F, and the Defendant was obliged to pay KRW 93,840 to the National Health Insurance Corporation, thereby receiving insurance benefits in an unlawful manner.

2. The Defendant is not a handler of narcotics, etc.

At the time of the day referred to in the preceding paragraph, the Defendant had been holding propool equivalent to KRW 2,054 at the market price owned by the victim, which was kept in the flab Blue House at the above hospital of the victim G management.

12ml ampample, ample and 3 ample

In other words, after theft, until September 15, 2017, the action was brought up until October 10:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (other parties, such as taking photographs of the field and nurse H);

1. A criminal investigation report (the counter party to nurse I);

1. Application of Acts and subordinate statutes to investigation reports (a detailed statement of medical expenses);

1. Illegal use of resident registration numbers and choice of punishment (see, e.g., circumstances favorable to the reasons for sentencing): Article 37 subparag. 10 of the Resident Registration Act; Article 115 subparag. 5 of the National Health Insurance Act; Article 329 of the Criminal Act; Article 61(1)5, Article 4(1)1, and Article 2 subparag. 3(d) of the Narcotics Control Act;

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

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