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(영문) 서울남부지방법원 2016.09.27 2016고정1646
국민건강보험법위반등
Text

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

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 fraudulent or other illegal means;

Nevertheless, around May 31, 2012, the Defendant received treatment in the same manner 14 times in total, as shown in the annexed crime list, from around that time to August 4, 2015, using D’s resident registration number at the National Assembly member of Gangseo-gu Seoul Metropolitan Government, as D’s resident registration number.

Accordingly, the Defendant received insurance benefits by illegal means.

2. On March 31, 2012, the Defendant violated the Resident Registration Act: (a) around July 2, 2012, the Defendant unlawfully used the resident registration number of the said D while receiving treatment as D from the H members located in Gangseo-gu Seoul Metropolitan Government E and the second floor around July 2, 2012, and (b) around July 16, 2015 at the H members located in Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to confirm the fact of illegal damage, such as health insurance card, etc., details of DNA personal benefits, records of each medical treatment, investigation reports (the details of medical treatment and the use of resident numbers);

1. Relevant legal provisions of the National Health Insurance Act and Article 115 (2) 5 of the National Health Insurance Act (a point of fraudulent receipt of insurance benefits), Article 37 subparagraph 10 of the Resident Registration Act (a point of fraudulent use of resident registration numbers) and the choice of fines for the 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. Article 70(1) and Article 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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