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(영문) 광주지방법원 2021.02.18 2020고단5389
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on Fraud and the National Health Insurance, committed fraud and the National Health Insurance Act, was aware of in the past, using the name and resident numbers of B, who received medical treatment at a hospital and received medical treatment and received insurance benefits.

On July 11, 2018, the Defendant received 10,810 won insurance benefits from a victim of the National Health Insurance Corporation, such as receiving 10,810 won insurance benefits from the victim of the National Health Insurance Corporation, by stealing the personal information of the above B from D Council members in Gwangju Nam-gu, and received 27 times the insurance benefits from the victim of the National Health Insurance Corporation from around that time to around August 10, 2020, and received 224,30 won insurance benefits from the victim of the National Health Insurance Corporation.

Accordingly, the Defendant, by deceiving the victims of the National Health Insurance Corporation, acquired 224,30 won property benefits, and received national health insurance benefits by unlawful means.

2. The Defendant violated the Resident Registration Act by unlawfully using B’s resident registration number at the same time and place as indicated in the preceding paragraph.

Summary of Evidence

1. Report on internal medical statements by the accused in court (the National Health Insurance Corporation and D Council members telephone communications);

1. Application of Acts and subordinate statutes of subparagraph (B) of a written confirmation of payment of medical expenses and records of outpatient treatment;

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act for the selection of punishment for a crime (a fraudulent point), Article 115(3) of the National Health Insurance Act (a point where insurance benefits are illegally received), Article 37 Subparag. 10 of the Resident Registration Act (a point where resident registration numbers are illegally used), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the nature and risk of each of the crimes of this case, the circumstances leading to the crime, the degree and recovery of the victim, the family relationship, health condition, and the possibility of re-offending, etc. of the defendant, the text is as follows.

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