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(영문) 서울서부지방법원 2016.12.16 2016고단1245
사기등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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

1. On August 16, 2010, the Defendant violated the Act and the National Health Insurance Act: (a) at the Goyang-gu building B in Yongsan-gu and on July 7, 2010; (b) at the time of Goyang-si and the “Cviina Hospital”, the Defendant requested the identification of D’s resident registration number known to the public health insurance holders or their dependents; and (c) at the time of requesting the identification of D’s resident registration number known to the past, he/she did not have any employee in the name of the above hospital as D; (b) by deceiving the above employees in the manner of his/her resident registration number and name; and (c) had the National Health Insurance Corporation pay the said hospital insurance benefits of KRW 15,710; and (d) from that to August 24, 2015, the Defendant provided the victim with medical treatment or medicine in the same way as indicated in the attached list of crimes, and had the victim pay the insurance benefits to each hospital, pharmacy, etc.

In such a way, the Defendant exempted the obligation to pay medical expenses, medicine expenses, etc. equivalent to the amount of insurance benefits, thereby acquiring a total of KRW 10,075,943 proprietary benefits, and by unlawful means, had each hospital, pharmacy, etc. receive insurance benefits.

2. The Defendant violated the Resident Registration Act: (a) on May 12, 2011, the building Sinsan-gu building B and the “Cyinaro Hospital” in the seventh floor of Goyang-si, the Defendant unlawfully used another person’s resident registration number in the manner of referring to D’s resident registration number and name when he/she committed the act as if he/she was D; and (b) from that time to August 24, 2015, the Defendant unlawfully used each other’s resident registration number by the same method over a total of 857 times, as indicated in the attached Table No. 40 to 896.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to submit investigation data;

1. Relevant provisions concerning facts constituting an offense;

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