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(영문) 서울북부지방법원 2019.08.22 2018고단3491 (1)
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【2018 Highest 3491】 The Defendant and C are married couple around 2004, D is the mother of C, and E is the mother of the Defendant in Mongolian nationality.

The defendant and C have attempted to acquire the above benefits by using D resident registration numbers subscribed to national health insurance at hospitals and pharmacies in order to receive benefits for national health insurance in the treatment of diseases between E which are not covered by national health insurance.

1. No one shall receive or allow another person to receive insurance benefits by fraud or other improper means, in violation of the National Health Insurance Act and any person;

Nevertheless, around April 30, 2012, the Defendant and C conspired with the G Hospital located in the Seoul Special Metropolitan City, Nowon-gu around April 30, 2012, while the fact is being treated by E, it was conducted as if D received treatment using the resident registration number of D and received the hospital. According to the contents of the medical examination, G Hospital employees in charge of G Hospital, who knew of the above circumstances, shall claim insurance benefits from the victims to the National Health Insurance Corporation, and thereafter, at that time, the victims’ personal names were paid to the victims, thereby obtaining financial benefits equivalent to KRW 202,090 by requiring the victims to pay the medical expenses. From that time to December 21, 2016, the Defendant and C received insurance benefits equivalent to KRW 17,640,430 in total by the same method as shown in attached Table 1, and acquired financial benefits equivalent to the same amount.

As a result, the defendant and C conspired to induce the victim to receive insurance benefits through the method of deceiving the National Health Insurance Corporation, and acquired the financial benefits equivalent to the same amount.

2. On April 30, 2012, the Defendant and C conspired with the victim who may be aware of the fact that the above G Hospital was treated by E, but it was not treated by D’s resident registration number.

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