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(영문) 서울중앙지방법원 2020.04.23 2019고정2435
국민건강보험법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant received insurance benefits of KRW 3,461,338 in total by taking advantage of the personal information of “B” from March 11, 2015 to April 29, 2019 at a hospital, pharmacy, and other medical care institutions, including a hospital, pharmacy, etc., for a total of 154 times.

2. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number.

Nevertheless, the Defendant denied the name and resident registration number of “B” from March 11, 2015 to April 29, 2019 when receiving medical treatment and prescription in a medical care institution for a total of 154 times from March 11, 2015 to April 29, 2019, using the information of the resident registration number of “B.”

3. Fraud: (a) the Defendant was committed as if he/she had been a “B” who had been employed in the medical care institutions listed in the attached table of “crime List”; (b) by deceiving the victim by means of medical treatment and prescription using the resident registration number of “B,” and received insurance benefits in total of 3,461,338 won from March 11, 2015 to April 29, 2019 from around 154 to around 154 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to request an investigation, written confirmation of the fact of damage, written answer to questions, and written confirmation of the truth of injury;

1. Article 347(1) of the Criminal Act (Fraud) for the relevant criminal facts; Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016) (attached Table No. 1 to 51) for each of the former National Health Insurance Act (amended by Act No. 14084, Apr. 23, 2019).

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