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(영문) 수원지방법원 2017.11.14 2017고단3514
사기등
Text

In four months of imprisonment with prison labor for the crime No. 1 of the judgment of the defendant, the crime No. 2 of the judgment of the defendant shall be punished by imprisonment with prison labor for 4 months.

Reasons

Punishment of the crime

On July 29, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and one year and four months of imprisonment with prison labor, which became final and conclusive on August 6, 2013. On September 3, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for fraud, etc. On December 5, 2016, and the judgment became final and conclusive on December 30, 2015, and the execution of the sentence was completed on June 5, 2016. On April 20, 2017, the Incheon District Court was sentenced to four months of imprisonment with prison labor for a violation of the Resident Registration Act at the Incheon District Court, which became final and conclusive on April 28, 2017.

1. The Defendant, who violated the National Health Insurance Act, did not purchase a national health insurance policy and did not have money to receive medical treatment or treatment at a hospital because he did not have the ability to pay the medical expenses, etc., using personal information of other persons.

On October 24, 2016, the Defendant received medical treatment from a member of the DD located in Ansan-si, and followed as if the Defendant was E to which the National Health Insurance applies, and received the name and resident registration number of E, and had the employee of D Council receive medical treatment as above from the National Health Insurance Corporation of Korea.

In order to claim insurance proceeds, the victim is exempted from paying the amount equivalent to the Corporation's charges by allowing the National Health Insurance Corporation to pay KRW 11,510 to the D Council members, thereby acquiring financial profits equivalent to the amount of the charges, and at the same time, from around that time to October 30, 2016 by the same method five times in total, as shown in No. 542 to 546 of the List of Crimes No. 542 to 546, and at the same time, the victim was paid insurance benefits by fraudulent or other illegal means.

2. The facts found based on the evidence duly adopted and investigated by the court of this case in violation of the Resident Registration Act are recognized as identical to the facts charged, and there is no risk of causing substantial disadvantage to the defendant's exercise of his right to defense.

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