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(영문) 대구지방법원 2019.04.26 2019고정124
주민등록법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, around October 5, 2015, the Defendant received medical treatment from the departments in the Daegu Suwon-gu B and the fourth level, and used the “E” resident registration number of the above hospital as if the Defendant was the Defendant’s resident registration number. From that point to May 17, 2018, the Defendant unlawfully used D resident registration number more than 66 times in total, as described in the attached list of crimes, from that point to May 17, 2018.

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

Nevertheless, the Defendant received insurance benefits by requiring the National Health Insurance Corporation to pay KRW 9,800 to the health care institution after receiving medical treatment using D’s resident registration number as if the Defendant was D, and then received insurance benefits of KRW 598,460 in total at 66 times from that time to May 17, 2018 in the same manner as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 37 subparagraph 10 of the Resident Registration Act ( comprehensively including the fact of unlawful use of resident registration numbers), Article 115 (3) 5 of the National Health Insurance Act ( comprehensively including the fact of unlawful receipt of insurance benefits), and selection of fines concerning facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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