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(영문) 부산지방법원 2018.07.11 2018고단2175
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While receiving insurance benefits or allowing any other person to receive insurance benefits by fraud or other improper means, and not illegally using any other person's resident registration number, the Defendant decided on August 16, 2013 that the Defendant received insurance benefits from D's name and resident registration number for total 19 times from around November 3, 2017, the Defendant received insurance benefits with D's name and resident registration number for total 2,867,100 won from D's medical clinic, pharmacy, etc. and received insurance benefits for total 2,867,100 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes to certificates of fraudulent damage, such as health insurance card;

1. Article 347(1) of the Criminal Act in relation to the facts constituting an offense (the fraud), Article 37 Subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers) and Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016) (the receipt of insurance benefits by the wrongful means of items 1 through 65 in the daily list of crimes), Article 115(3)5 of the National Health Insurance Act (the receipt of insurance benefits by the wrongful means of items 66 through 199 in the list of crimes), Article 115(3)5 of the National Health Insurance Act (the receipt of insurance benefits by the wrongful means of items 1 through 65 in the list of crimes)

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. The crime against the National Health Insurance Corporation for the reason of sentencing under Article 62(1) of the Criminal Act is ultimately a crime that leads to the loss of the majority of the good subscribers and thus requires strict mitigation.

However, there are some circumstances that may be taken into account the circumstances leading to the defendant's crime, taking into account the fact that a small amount or a small amount deposited, and other reasons of the defendant's seal.

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