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(영문) 수원지방법원 평택지원 2016.12.08 2016고단1747
주민등록법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant was nominated around November 2012 in relation to the accusation against the victim B in fraud, the Defendant had the intent to unlawfully receive health insurance benefits by taking advantage of the personal information of the above B at a hospital or pharmacy or by receiving prescription preparation.

1. On March 25, 2013, the Defendant violated the Resident Registration Act and notified the employees of the hospital of the victim B’s resident registration number (E) by obtaining a prescription, such as the treatment of, and medication for, the diseases, such as catitis, from D members in the city of Jin-si, Jin-si, Seoul.

In addition, from that to February 18, 2016, the Defendant unlawfully used the victim's resident registration number by the same method over a total of 525 times, as shown in the attached list of crimes.

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

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, received medical treatment and medication for diseases, such as infection, etc. at the time and place, and notified the Defendant of the resident registration number B, as if the Defendant was B, to the employees of the hospital, and made the foregoing hospital believed to be true, and received KRW 34,310 from the victim of the health insurance benefit.

In addition, the Defendant received insurance benefits of KRW 7,953,948 in total over 525 times from that to February 18, 2016 in the same manner as indicated in the attached list of crimes.

Accordingly, the defendant received insurance benefits by illegal means, and by deceiving the victim, acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on treatment for illegal use;

1. Subparagraph 10 of Article 37 of the Resident Registration Act and the Gu with respect to facts constituting an offense.

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