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(영문) 광주지방법원 2018.03.20 2018고정62
국민건강보험법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraud or other improper means;

On May 27, 2013, the Defendant received insurance benefits equivalent to the amount of KRW 1,53,490 in total 48 times from around 2017 to May 16, 2017 by requiring a staff member in charge of claiming medical expenses for C hospital who did not know of the fact to claim KRW 5,90 in accordance with the content of the medical treatment to the National Health Insurance Corporation as the charge for health insurance benefit, and received insurance benefits equivalent to the amount of the insurance benefits from around 2017 to around 48 times, as described in attached Table 24 to Table 24 to 71 of the List of Crimes.

2. No person who violates the Act on the Registration of Residents shall use another person's resident registration number unlawfully;

On January 23, 2013, the Defendant received medical treatment at the F dental clinic located in Gwangju Nam-gu, Gwangju, and received medical treatment using his/her resident registration number without D’s permission, and used another person’s resident registration number on 71 occasions in total, as shown in the list of crimes in the annexed crime, from around that time to around May 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written answers to D;

1. A written accusation;

1. A written agreement of hospitalization;

1. Application of Acts and subordinate statutes governing list of crimes;

1. Relevant Article 115 of the National Health Insurance Act and Article 115 of the National Health Insurance Act (the point of being denied insurance benefits), Article 37 subparag. 10 of the former Resident Registration Act (wholly amended by Act No. 14286, Dec. 2, 2016); and the selection 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. Articles 70 and 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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