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(영문) 서울서부지방법원 2020.01.10 2019고정873
국민건강보험법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the National Health Insurance Act shall receive insurance benefits by fraud or other improper means;

Nevertheless, the Defendant, when his/her medical insurance was invalidated and dual exemption was required, was paid KRW 14,190,000 as indicated in [Attachment Table Nos. 2 through 11] between around February 19, 2018 and around November 1, 2018, by taking advantage of the fact that he/she’s resident registration number is out of the family-friendly B, and the Defendant received KRW 11,920 from the National Health Insurance Corporation after receiving medical treatment as if the Defendant was B, and then received KRW 140,190,000 from around 10 times, as indicated in [Attachment Table Nos. 2 through 11].

Accordingly, the Defendant received insurance benefits by illegal means.

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

Nevertheless, between January 23, 2018 and November 1, 2018, the Defendant received medical treatment as if the Defendant was B by using the above “D Hospital” and the resident registration number of B as prescribed in paragraph (1).

In this respect, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (person for reference B telephone communications), investigation report (Submission of an invoice of medical expenses and receipt of receipt of medical expenses for members of a DNA hospital and calculation

1. Article 115(3)5 of the former National Health Insurance Act (amended by Act No. 16366, Apr. 23, 2019); Article 37 Subparag. 10 of the Resident Registration Act regarding criminal facts (generally, the fact that insurance benefits have been received by unlawful means; the selection of fines); and Article 37 Subparag. 10 of the Resident Registration Act (generally, the fact that another person’s resident registration number was illegally used;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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