2017Ma1601 Violation of the Resident Registration Act, National Health Insurance Act, and fraud

2017 Highest 2114 (Joints)

Gu (81-2), non-permanent

Residential Cho Nam-nam:

Gyeonggi-si in Reference domicile

The number of days of appointment, fluor iron, red flag (public trial)

Attorney Park (Korean National Assembly)

August 17, 2017

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

On July 19, 2017, the Defendant was sentenced to one year of suspended execution for a violation of the Resident Registration Act and a violation of the National Health Insurance Act by the Incheon District Court on July 19, 2017, and the judgment was finalized on July 27, 2017.

[2017 Highest 1601]

1. Violation of the Resident Registration Act;

On February 7, 2014, the Defendant used the name and resident registration number of A when receiving treatment using a person known of A’s resident registration number in the Seo-gu, Seo-gu, Seo-gu, Gwangju (**) around 7, 2014, and the Defendant used another person’s resident registration number on a total of 31 occasions from around that time to October 18, 2016, as shown in Appendix 1.

2. Violation of the National Health Insurance Act;

No person shall receive insurance benefits or have another person receive examination benefits by fraud or other improper means.

The Defendant received insurance benefits of KRW 8,060,000 from the time and place specified in paragraph (1) using A’s name, and received insurance benefits of KRW 8,060 from around that time to October 18, 2016, and received total amount of KRW 235,700,00 in a total of 31 times, such as the list of crimes in attached Form 1.

[2017 Highest 2114]

1. Violation of the Resident Registration Act;

On January 22, 2014, the Defendant used the name and resident registration number of B when receiving treatment with the knowledge of the resident registration number of B in the hospital***** the use of the name and resident registration number of B when receiving treatment with the knowledge of the resident registration number of B in the hospital A, and the Defendant used another person's resident registration number on 43 occasions in total as shown in the relevant part of the hospital in the attached Table 2 from around that time to December 30, 2016.

2. Fraud;

The Defendant, as indicated in paragraph (1) and at the same time, received insurance benefits of 842,766 won in total from the victim over 84 times from around that time to December 30, 2016, by deceiving the victims of the National Health Insurance Corporation by taking medical treatment and prescription using the resident registration number of B, as if he/she were to have paid his/her insurance premiums, as if he/she were B, and received insurance benefits of 9,580 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B and A;

1. C Form of questions and answers;

1. A written accusation;

1. Details of health insurance benefits, details of health insurance benefits, and fraudulent use of health insurance cards;

1. Suspect image of the Incheon Medi-Catch State;

1. Previous convictions in judgment: Defendant's legal statement, criminal records, and investigation reports (in the course of trial of a suspect separately;

(Reporting)

Application of Statutes

1. Article applicable to criminal facts;

Article 37 subparag. 10 of the former Resident Registration Act (the illegal use of resident registration numbers and the title holder thereof);

Article 115(3)5 of the National Health Insurance Act (hereinafter referred to as the "National Health Insurance Act")

section 347(1) of the Criminal Act (in the case of fraud, inclusive, choice of imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

Even if a fine has already been imposed several times for the same crime, recidivism is not a relatively large amount of insurance benefits that have been imposed on the other hand, but all the insurance benefits have been returned to the National Health Insurance Corporation, and the confession of the crime and reflects the truth. Considering the circumstances leading up to the crime of this case (the process leading up to the defendant's occurrence of depression, coercion, etc.) and the process leading up to the occurrence of the crime of this case (the defendant's attempt to prescribe approximately a few months as to the suffering of leul disorder, coercion, etc.) and the balance between the case where each crime of this case was tried simultaneously with each crime of which judgment has become final and conclusive as stated in the first head, etc.

Angetables