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(영문) 대구지방법원 안동지원 2019.06.19 2019고정11
주민등록법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on January 2, 2017, the Defendant received insurance benefits equivalent to KRW 2,930,220 in total via the same method over 108 times from around that time to August 23, 2018 by receiving insurance benefits equivalent to KRW 2,930,220 in total, as indicated in the attached crime list, from the National Insurance Corporation, by receiving treatment as institutional infection from the “Council members” located in Ansan-si B by using D’s resident registration number and receiving insurance benefits by false or other unlawful means.

2. The Defendant violated the Resident Registration Act, at the time and place indicated in the foregoing Paragraph (1) above, unlawfully used the resident registration number of D, a total of 108 times from around that time to August 23, 2018, as indicated in the separate list of crimes, as stated in the following: (a) the Defendant, as described in the foregoing Paragraph (1) above, was an employee in charge of a medical institution, who was working as if he were D and demanded him to verify himself; and (b) received treatment for him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of medical treatment in a misappropriation and medical records;

1. Application of Acts and subordinate statutes to Characters photographs;

1. Relevant Article 115 (3) 5 of the National Health Insurance Act (including the occupation of an illegal receipt of insurance benefits and the comprehensive account thereof), Article 37 subparagraph 10 of the Resident Registration Act (including the occupation of unlawful use of another person's resident registration number, and the comprehensive account thereof), and selection of fines for each crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, frequency and period of the crime, the amount of the insurance benefits illegally received, and the defendant's age, character and conduct, environment, health conditions, economic circumstances, criminal records, and criminal records.

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