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A defendant shall be punished by imprisonment for six months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2016 Highest 2426] On July 4, 2015, the Defendant made a false statement to the effect that “If he/she lends money to the victim, he/she shall repay the Defendant’s debt 12 million won of the Defendant’s loan that the victim has guaranteed the joint and several liability, he/she shall obtain a loan at another place after one month, and shall repay the loan at the latest by September 2015, and the installment savings with the maturity of 40 million won shall be repaid in full until September 2015, whichever is the day on which he/she has set aside the installment savings.”
However, there was no property owned by the defendant, and the debt amount was KRW 40 million from KRW 40 million to KRW 50 million, and the victim did not use the money received from the victim to repay the joint and several debt amount, and it was thought that the victim would use another debt in the place where the defendant would repay another debt, and there was no way to subscribe to installment savings.
Ultimately, around July 8, 2015, the Defendant, by deceiving the victim as above, received KRW 11.4 million from the victim’s foreign exchange bank account in the name of the Defendant, and around the 10th day of the same month, KRW 18.4 million in total from the Defendant’s bank account in the name of the Defendant.
[2016 Highest 3791]
1. Fraud, the Defendant in violation of the National Health Insurance Act: (a) around August 29, 2015, at F Council members located in Nam-gu Incheon Metropolitan City E, the Defendant was aware of the name of the employee in charge of public health insurance as G; (b) by deceiving the name and resident registration number of G insured members of the National Health Insurance Corporation; and (c) obtained 12,270 won as the insurance benefits from the victim for the purpose of receiving 143,094 won in total from around that time to January 18, 2016; and (c) obtained the insurance benefits by false or unjust means, as shown in the attached Table of Crimes (1).
2. The Defendant violated the Resident Registration Act on the date, time, and place mentioned in the preceding paragraph.