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(영문) 인천지방법원 2020.11.12 2019고단8927
공전자기록등위작등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The Defendant entered a report of deprivation of employment insurance due to his/her retirement, while taking charge of the payment of wages and insurance management of his/her employees, etc., as an employee in charge of the accounts of the 2 center belonging to the Incheon Dong-gu Office, Incheon. In fact, the Defendant was willing to receive unemployment benefits therefrom by stating the reason for deprivation of employment due to his/her retirement from office on the ground that he

On October 10, 2018, the Defendant, at the Defendant’s residence located in Seo-gu Incheon Seo-gu Seoul Metropolitan Apartment D, drafted a “report on the deprivation of employment-provided policyholder qualification” by accessing the Internet site of “National Health Insurance EDI services operated by the National Health Insurance Corporation,” and sent it to the above Corporation by inputting false information into the “reasons for Loss of Employment Insurance and Industrial Accident Compensation Insurance” column.

As a result, the Defendant forged the record of prior approval of the National Health Insurance Corporation for the purpose of hindering the management of affairs of the National Health Insurance Corporation.

2. The Defendant sent a report on the deprivation of employment provided by an employment provided policyholder at the time and place specified in paragraph (1) through the Internet site as if he/she was duly formed to the employee in charge of reporting the loss of insurance for the fourth National Health Insurance Corporation, who was aware of such forgery.

In this respect, the defendant exercised a written prior record.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to a resignation, a report on the loss of qualification for a four-party insurance, a report on the loss of qualification for a national health insurance site, a screen of procedures for the deprivation of qualification for a national health insurance site

1. Relevant provisions concerning criminal facts, the choice of punishment under Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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