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(영문) 대구지방법원 안동지원 2016.01.12 2015고단742
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] On January 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 23, 2015 and the said judgment became final and conclusive on the 27th of the same month

[2] The Defendant: (a) was entitled to medical benefits to be provided by the husband of a female living together with the Defendant; (b) was aware of the resident registration number of the above C; and (c) was aware of the hospital’s resident registration number; and (d) was aware of the medical expenses for the purpose of not paying the medical expenses.

On August 10, 2014, the Defendant was aware in advance of the staff in charge of receipt of the place and his/her name in the Emergency Service Center of Boraa Hospital located in the New Bank of Dongjak-gu Seoul Metropolitan Government.

C’s resident registration number “D” was 71,060 won for the medical expenses to be borne by the principal after receiving treatment of “the head’s column” as one of C.

The Defendant was exempted from paying medical expenses equivalent to KRW 1,521,640 in total over 35 times from around April 10, 2014 to August 16, 2014 by the foregoing method as indicated in the list of crimes in the separate sheet of crimes, and used another person’s resident registration number unlawfully, and obtained pecuniary benefits equivalent to KRW 1,521,640 of the medical expenses by deceiving employees or doctors, and received medical benefits by deception or fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The details of the accusation report, the report on the causes of injury to medical care benefits, the copy of the emergency department of the Bolaa Hospital, the number of days of personal benefits paid to each person, the response data to Bolaa Hospital, the guidance of the person under his/her care, the medical records, the medical records, the specifications of the charges of agencies related to the details

1. Each investigation report and accompanying documents;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment of criminal suspect-related cases, etc.);

1. Article 347 of the Criminal Code as to the facts constituting the crime.

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