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1. The defendant shall be punished by imprisonment for four months;
2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 24, 2008, the Defendant received medical treatment under the name of E in order to receive medical treatment at the D Hospital located on the fourth floor of Busan Metropolitan City Building C, which was a health insurance policyholder, in order to receive the medical treatment under the name of E, and obtained pecuniary benefits by having the employees of the hospital who know such fact claim insurance money from the victim to the National Health Insurance Corporation, and having the victim pay 8,180 won to the above hospital as the charges to the above hospital. From around that time to May 30, 2013, the Defendant received the hospital medical treatment through the above method 504 times in total as shown in the list of crimes committed in the attached Table, and the victim prepared drugs at the pharmacy, and then had the above hospital, pharmacy, pharmacy, etc. pay 5,843,490 won in total to the above hospital, pharmacy, etc.
2. Around November 5, 2008, the Defendant violated the Resident Registration Act (hereinafter “G Hospital”) used the E’s resident registration number on a total of 501 occasions as from May 30, 2013, including (i) No. 4 to No. 504 per annum of the annexed crime list No. 504, supra, for the purpose of being treated under the name of “E” as the insured of the National Health Insurance (hereinafter “E”), and (ii) the employees of the F Hospital in the name of the insured of the National Health Insurance (hereinafter “E”), who engage in the act as if they were the E and said employees, and (iii) unlawfully used the E’s resident
Summary of Evidence
1. Defendant's legal statement;
1. Request for investigation of a health insurance card or identification certificate;
1. Application of Acts and subordinate statutes on recommendations to request an illegal use of health insurance card;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 37 subparag. 10 of the Resident Registration Act;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act of the suspended execution (including the partial repayment of the amount of imprisonment, the defendant has no previous convictions, and the defendant recognized his mistakes).