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(영문) 서울중앙지방법원 2019.08.14 2019고단3615
주민등록법위반등
Text

The defendant's violation of the Resident Registration Act, 1 to 7, each of the attached list of crimes in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Justice] On September 5, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for the crime of robbery, etc., and the judgment was finalized on September 13, 2018. On May 16, 2019, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for night residence intrusion larceny, larceny, etc., and became final and conclusive on May 24, 2019.

【Criminal Act】

1. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number;

Nevertheless, from August 14, 2014 to October 2, 2018, the Defendant used B’s resident registration number on a total of eight occasions from around August 14, 2014 to around October 2, 2018, as shown in the attached list of crimes, as if he/she was the Defendant’s resident registration number, the Defendant received medical treatment from the Gangnam-gu Seoul Metropolitan Government Council members

2. Although the Defendant was prohibited from receiving or allowing any other person to receive insurance benefits by fraud or other improper means in violation of the National Health Insurance Act, the Defendant received 7,230 won in total from the National Health Insurance Corporation, as shown in the list of crimes in attached Form D, in the manner set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A certificate of fraudulent damage, such as the health insurance card, and a written answer in B;

1. An irregular user of the health insurance card, a written request to investigate the health insurance card, a medical record of the DNA members, a detailed statement on the calculation of medical expenses and a medical fee;

1. Criminal records as stated in the judgment: Criminal records, reply reports (A), investigation reports (attached to related cases, written judgments, written indictments, etc.), copies of written judgments 2017No4140, Seoul Central District Court Decision 2017No4140, copies of written indictment No. 91263, and data on search of Na case;

1. Article 37 subparag. 10 of the Resident Registration Act (the violation of each of the Resident Registration Act stated on No. 7 and No. 8 of the following crimes) regarding criminal facts and Article 37 of the former Resident Registration Act (Amended by Act No. 14286, Dec. 2, 2016).

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