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(영문) 서울중앙지방법원 2017.02.09 2016고정4097
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a Chinese worker who violated the Fraudulent Act and the National Health Insurance Act.

On January 8, 2014, the Defendant received medical treatment using personal information, such as the name, resident registration number, etc. of D(54) that was acquired by the National Health Insurance Corporation for the purpose of receiving medical expenses from the National Health Insurance Corporation, although C D D D D dental in Gwanak-gu in Seoul Special Metropolitan City was not eligible to receive insurance benefits because it was not a foreigner.

The defendant used the personal information of D as above, thereby acquiring insurance benefits of KRW 1,077,770 in total from January 8, 2014 to May 30, 2016 from around 75 times as shown in the annexed crime list from around January 8, 2014 to acquiring financial benefits, and at the same time receiving insurance benefits by fraud or other improper means.

2. The Defendant violated the Resident Registration Act, at the time and place specified in paragraph (1), provided medical treatment by unlawfully using the victim’s resident registration number on a total of 75 occasions from around May 30, 2016, as shown in the list of crimes, from that time when he/she received treatment, by notifying the victim of his/her name and resident registration number as if he/she was the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation;

1. Application of Acts and subordinate statutes to medical records submitted to each hospital;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Act on the Selection of Punishment ( comprehensively including frauds), Article 37 Subparag. 10 of the Registration of Residents Act (illegal use of resident registration numbers) and Article 115 Subparag. 25 (2) 5 of the former National Health Insurance Act (Amended by Act No. 14084, Mar. 22, 2016);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes of fraud and violations of the National Health Insurance Act);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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