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(영문) 인천지방법원 2013.05.09 2013고단1230
주민등록법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 14, 2008, the Defendant: (a) at Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the Defendant was not a victim’s national health insurance policy; and (c) even if the Defendant received hospital treatment, the Defendant could not receive medical benefits from the victim; (d) in the process of receiving C’s personal information from employees of the above hospital in the name-free manner, arbitrarily informed the victim of the personal information he/she came to know while performing his/her work at his/her own time at the above hospital; and (c) from that time, the Defendant accused the victim by informing the victim of his/her personal information that he/she had become aware of while performing his/her work at his/her own discretion; and (d) from that time, the Defendant paid the insurance benefits equivalent to KRW 7,630 to December 11, 2012.

2. The Defendant violated the Resident Registration Act by unlawfully using his/her resident registration number without the consent of C, who is another person, on a total of 481 occasions at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the National Health Insurance Corporation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of card slips);

1. The fraud of the pertinent legal provisions concerning the facts constituting an offense: The occupation of unlawful use of a resident registration number under Article 347 (1) of the Criminal Act: Article 37 subparagraph 10 of the Resident Registration Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes. Article 50 (Limits within the aggregated Term of Punishment for Offenses);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the second offender, the second offender, and the second offender against each other);

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