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(영문) 수원지방법원 평택지원 2017.03.29 2017고단190
국민건강보험법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around February 19, 2014, the Defendant received insurance benefits of KRW 6,810 of the Corporation’s charges from the date and time to November 5, 2016, in total 141 times, as shown in the list of crimes in the attached Table of crimes, by providing medical treatment under the name of a person with a disability with a non-specific water surface, whose name is unknown in the Nam-gu Incheon Metropolitan City Council member, while driving as if he/she was D, and receiving insurance benefits of KRW 6,810 of the Corporation by using D’s resident registration number.

Accordingly, the defendant used D's resident registration number unlawfully, and received insurance benefits by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on the details of health insurance benefits;

1. The National Health Insurance Act amended on March 22, 2016, Article 115(3) of the National Health Insurance Act regarding criminal facts, as well as Article 115 of the National Health Insurance Act, was amended.

Since a single comprehensive crime is a crime, the new law shall apply (the elements and statutory penalty for the composition of the crime are the same). Subparagraph 5 (the fact that insurance benefits have been received by unlawful means, inclusive). The main text of Article 37 Subparag. 10 (the fact that resident registration numbers are illegally used, inclusive) of the Resident Registration Act, each choice of imprisonment

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. Whether the suspended sentence applies Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 201); - The suspended sentence is not applicable crimes

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