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(영문) 서울중앙지방법원 2019.02.12 2019고정104
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant thought that the medical insurance will not be applied to the defendant because he did not pay the medical insurance fees, and he thought that the defendant would not be applied to the medical insurance using his personal information.

Around June 5, 2018, the Defendant: (a) in the “Dsan Women” located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant was provided medical treatment after receiving treatment using the name and resident registration number of B, as if the Defendant was B; and (b) the said hospital requested the National Health Insurance Corporation to claim KRW 10,810 of the amount to be borne by the Corporation; and (c) accordingly, the Defendant was exempted from paying the same amount of medical expenses.

Ultimately, the Defendant: (a) by deceiving an employee in charge of the provision of medical care benefits by the Victim Compensation Service; (b) obtained pecuniary benefits equivalent to KRW 10,810 by deceiving the said employee; (c) received insurance benefits by fraud or other improper means; and (d) unlawfully used another person’s resident registration number until September 12, 2018; and (d) obtained property benefits equivalent to KRW 266,490 in total by the same method 17 times, as indicated in the separate crime list, and received insurance benefits by fraud or other improper means; and (e) unlawfully used another person’s resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to request the investigation of a health insurance card;

1. Relevant Article 347 (1) of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 115 (3) 5 of the National Health Insurance Act (the point of receiving insurance benefits by fraud or other improper means) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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