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(영문) 대구지방법원 2019.05.14 2019고단1524
사기등
Text

Of the crimes of No. 1 of the judgment of the defendant, the crimes of No. 1 through No. 34 and the crimes of No. 2 are committed.

Reasons

Punishment of the crime

[criminal power] On August 31, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court and two months of imprisonment, etc. on October 13, 2017, and the judgment became final and conclusive on October 13, 2017, and completed the enforcement of the sentence at the port prison on May 1, 2018.

【Criminal Facts】

1. On June 11, 2014, the Defendant, in violation of the National Health Insurance Act, received insurance benefits equivalent to KRW 1,349,110 in total by the same 47 times as shown in the attached Table 1, and received insurance benefits from the victim, from around November 29, 2018, in total, 1,349,110, and at the same time, received financial benefits equivalent to the same amount by receiving insurance benefits of KRW 1,349,110 in total from around 47 times as shown in the attached Table 1, and received financial benefits by deceiving the employees in charge as M, the name and resident registration number of the insured of the national health insurance, and by deceiving him/her, by taking medical treatment.

2. Around July 3, 2014, the Defendant violated the Resident Registration Act: (a) entered or omitted a resident registration number (N) in a medical institution staff member who renders a request for identification as M, as seen above, on a total of 40 occasions as indicated in the attached Table 2 of the List of Offenses; and (b) unlawfully used another person’s resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. Written confirmation of illegal damage, such as a written accusation, health insurance card, etc., text answers, physical records verification, copies of medical records, certificates of medical records, and certificates of payment of medical expenses by Lese;

1. Previous convictions: Criminal history records, references to dispositions and reports on results of confirmation (No. 2017 type No. 946 of the Daegu District Prosecutors' Office), Daegu District Court Decision 2017No975 and 3124, court rulings No. 2017NoMa79 of the Daegu District Court, court rulings No. 2017MaMa79 of the Daegu District Court, application of statutes on personal confinement status;

1. Article 347 (1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the facts constituting a crime (the point of fraud).

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