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(영문) 서울남부지방법원 2020.02.12 2019고정878
주민등록법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one may unlawfully use another person's resident registration number. On May 14, 2014, the Defendant unlawfully used another person's resident registration number by providing F's resident registration number to a person in charge of receipt of a false statement of name at the above hospital in order to receive medical treatment in the Gangnam-si B 5th floor C and EB D around May 14, 201, and allowing him/her to receive medical treatment four times in total, as shown in attached Table 3 through 6 of the List of Offenses Act, from May 21, 2014.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Investigation reports (attached data), investigation reports (including telephone communications details), investigation reports (Submission of a detailed statement of health insurance benefit), and investigation reports (G Council members nurse call content);

1. A confirmation of illegal damage, such as an investigation request and health insurance certificate;

1. Application of immigration Acts and subordinate statutes on Koreans;

1. Article 37 of the Resident Registration Act applicable to facts constituting an offense, Article 37 subparagraph 10 of the Resident Registration Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that there is no reason to receive medical treatment in the name of another person, since he/she did not receive any personal information of F (hereinafter "victim"), such as the resident registration number of F (hereinafter "victim"), and his/her dependants receive national health insurance benefits.

2. However, according to the above evidence duly adopted and examined by this court, the defendant was actually treated by using the victim's personal information, unlike his/her assertion, and the details of treatment indicated in the crime inundation list are deemed to have been stolen by the victim's resident registration number or other personal information.

(1)

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