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(영문) 인천지방법원 부천지원 2017.02.03 2016고단921
주민등록법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 31, 2014, the Defendant violated the Resident Registration Act by using the name and resident registration number of D, which was used by a member of the C Council in Seo-gu, Gwangju, by making use of the resident registration number of D, who is known to the school, from a school under the Dong-gu, Gwangju.

In addition, from around that time to November 1, 2015, the Defendant unlawfully used another person’s resident registration number on 19 occasions in total, including 1,3,5,7,9,9,11,13,15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, and 37, among the list of crimes in the attached list of crimes.

2. No person who violates the National Health Insurance Act shall receive insurance benefits or allow any other person to receive insurance benefits by fraudulent or other illegal means;

Nevertheless, the Defendant received insurance benefits amounting to KRW 9,580,00 after receiving medical treatment using the name D, such as Paragraph 1, at the time and place set forth in Paragraph 1.

In addition, from around that time to November 1, 2015, the Defendant received insurance benefits of KRW 364,389 in total by an unlawful means on 39 occasions, such as the list of offenses in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each certification letter of E, F, G, and H;

1. To apply the details of benefits for health insurance and medical care, details of fraudulent treatment by using the health insurance card, records of each medical treatment, and calculation statements of medical expenses;

1. Relevant legal provisions and Article 37 subparag. 10 of the Act on the Registration of Residents of the Selection of Punishment for Criminal Facts (the illegal use of resident registration numbers) and Article 115 subparag. 2 subparag. 5 (the illegal receipt of insurance benefits) of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016) and each of the imprisonment options;

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;

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