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(영문) 서울서부지방법원 2017.11.03 2017고정642
절도등
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 02:15 on March 11, 2015, the Defendant stolen the Victim I (I, China)’s Korean language teaching materials, phrases, etc. owned by the Defendant, which was placed on the cash payment machine at the Red Station of the Bank of Korea located in Mapo-gu Seoul, Mapo-gu, Seoul, Seoul, on March 11, 2015.

"2017 High Doz. 1269"

1. On February 4, 2014, the Defendant violated the National Health Insurance Act: (a) at the “K Hospital” located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan GovernmentJ, the Defendant was provided insurance benefits worth KRW 424,280,00 in total by unlawful means over 21 occasions from August 2, 2013 to February 12, 2014, including the following: (b) the Defendant was informed of L’s resident registration number by pretending that he/she was L; and (c) the National Health Insurance Corporation was provided with medical care benefits of KRW 61,940; and (d) the Defendant was provided with medical care benefits of KRW 61,940.

2. On February 4, 2014, the Defendant violated the Resident Registration Act: (a) received medical treatment at the hospital as described in paragraph (1) around February 4, 2014; (b) used the Plaintiff’s resident registration number unlawfully as described in paragraph (1); and (c) used the Plaintiff’s resident registration number unlawfully for a total of 30 times from April 2, 2013 to February 12, 2014, as indicated in the list of crimes in the attached Table.

Summary of Evidence

"2017 High 642"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. CCTV images " 2017 Go fixed 1269";

1. Statement by the defendant in court;

1. A copy of L's "certificate of fraudulent damage, such as health insurance card,"

1. A copy of a set of money and a set;

1. Application of Acts and subordinate statutes on medical treatment for unlawful use of health insurance premiums;

1. Relevant Article 329 of the Criminal Act regarding facts constituting an offense, Article 329 of the Selection of Punishment Act (Section 1), Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016) (amended by Act No. 14084), Article 37 subparag. 10 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016) (amended by Act No. 14286, Dec. 2, 2016); selection of fines, respectively.

2. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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