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(영문) 서울서부지방법원 2016.04.29 2015고단1373
주민등록법위반등
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

On February 13, 2013, the Defendant: (a) around 13, 2013, at the “C Council member” located in the Gangseo-gu Seoul Metropolitan Government B 3rd floor, Da (n, 82 years old), and (b) notified the victim’s resident registration number to employees in the reception counter; and (c) received KRW 9,290 health insurance benefits upon receiving the provision of exemption after medical treatment.

In addition, from February 13, 2013 to February 21, 2015, the Defendant received the health insurance benefit of KRW 243,140 in total by receiving treatment using the victim’s resident registration number on 35 occasions as indicated in the payment certificate of attached medical expenses from the above “C member” to the above “C member” method.

Accordingly, the Defendant used another person's resident registration number unlawfully, and received health insurance benefits by fraud or other improper means.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning the payment of medical expenses and CCTV image recording;

1. Article 37 subparagraph 10 of the relevant Act and Article 37 of the Act on the Registration of Residents of the Selection of Punishment for Criminal Facts (the illegal use of resident registration numbers), Article 115 (2) 5 of the National Health Insurance Act (the receipt of insurance benefits by unlawful means) and the selection of fines for each 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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