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(영문) 부산지방법원 2015.05.08 2015노172
사기등
Text

1. Of the judgment below, the parts of the defendant A, B, C, D, E, and G shall be reversed.

2. The defendant A shall be punished by imprisonment with prison labor for one year and three months and a fine.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower judgment by the prosecutor (Defendant A: 1 and 6 months of imprisonment; 2 million won of fine; 2 years and six months of imprisonment; 2 million won of fine; 3 months of imprisonment; 10 months of imprisonment; 3 months of imprisonment; 4 million won of imprisonment; 4 months of imprisonment; 3 months of imprisonment; 4 million won of Defendant F; 8 months of suspension of execution; 2 years of imprisonment; 3 million won of fine; 4 million won of imprisonment; 3 months of suspension of execution; 4 months of imprisonment; 8 months; 3 months of suspension of execution; 2 million won of fine; and 1. 2 million won of fine) is unreasonable.

B. Each sentence of the lower judgment against Defendant A, B, C, D, E, and F is too unreasonable.

2. Determination

A. We examine ex officio the violation of the National Health Insurance Act of the judgment below prior to the judgment on the grounds for appeal for ex officio determination.

1) Article 119(2) of the former National Health Insurance Act (amended by Act No. 11787, May 22, 2013) provides that the National Health Insurance Act shall impose a fine for negligence on a person who received insurance benefits by transferring or lending the health insurance card or identification card or another person who received insurance benefits by using other unlawful means (Article 119(2) of the same Act). Following the revision of the National Health Insurance Act on May 22, 2013, the provision imposing a fine for negligence on the above acts was deleted. The new establishment of Article 115(2)5 of the same Act provides that “A person who received insurance benefits by fraud or other improper means or causes another person to receive insurance benefits shall be punished by imprisonment with prison labor for not more than one year, or a fine not exceeding ten million won, and thus, the punishment provision under Article 115(2)5 of the National Health Insurance Act becomes effective on May 22, 2013, which constitutes a violation of the former part of the Criminal Procedure Act, and thus, the Defendants are not guilty.

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