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(영문) 서울동부지방법원 2018.04.24 2018고정44
사기등
Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the Act on Fraudulent and National Health Insurance shall receive national health insurance benefits or allow any other person to receive national health insurance benefits by fraud or other improper means;

Nevertheless, on September 4, 2015, the Defendant: (a) obtained insurance benefits equivalent to KRW 1,442,390 in total from victims at hospitals, pharmacies, etc. from around 50 times from the date of the crime list to May 11, 2017; and (b) obtained financial benefits equivalent to the same amount, and received false national health insurance benefits at the same time, from the employees in charge, by suggesting the Defendant’s resident registration number E in the departments located in Seongdong-gu Seoul Metropolitan Government, by deceiving the Victim Health Insurance Corporation as if the Defendant himself/herself was D; and (c) received insurance benefits equivalent to KRW 9,800 from the victim, by deceiving the Victim; and (d) received false benefits.

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

Nevertheless, on September 4, 2015, the Defendant, at the reception counter of the branch members in Seongdong-gu Seoul, entered the resident registration number E of the branch members in Seongdong-gu Seoul, and submitted it to the employee in charge of receipt, and used D's resident registration number on 27 occasions in total from that time to May 11, 2017 at hospital from that time, as shown in No. 1 to No. 27 of the list of crimes committed in attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the stolen medical treatment of the victim D;

1. Application of Acts and subordinate statutes requesting investigation related to the purchase of health insurance cards;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense; Article 115(3)5 of the National Health Insurance Act (the receipt of illegal insurance benefits); Article 37 Subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers); and the selection of fines;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 of the Criminal Act to attract a workhouse.

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