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(영문) 부산지방법원 동부지원 2015.12.10 2015고단1676
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around 2005, the Defendant had been aware of the victim B’s resident registration number, who was a customer of the package horse operated by the Defendant, using the above B’s resident registration number, and had the mind to benefit from national health insurance, and no person should receive insurance benefits by fraud or other improper means.

1. On October 24, 2005, the Defendant, in violation of the National Health Insurance Act, received medical treatment from the “A” member of the Nam-gu Busan Metropolitan City Council, and then, by deceiving the employees under the above member’s name in violation of the National Health Insurance Corporation to receive insurance benefits of an amount of 36,840 won from the victim’s National Health Insurance Corporation. From the above date to June 9, 2015, the Defendant, from the above date and time to June 9, 2015, received medical treatment and prescription 129 times in total, thereby obtaining insurance benefits of an aggregate amount of KRW 2,378,049 from the victim, thereby obtaining monetary benefits of the same amount.

2. A person violating the Resident Registration Act should not unlawfully use another person’s resident registration number, and the defendant used the victim B’s resident registration number at the same time and place as indicated in attached Table Nos. 52 through 129 on a total of 78 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation (including attached materials);

1. Article 347 (1) of the Criminal Act, Article 115 (2) 5 of the National Health Insurance Act (the point of illegal receipt of medical insurance benefits), and Article 37 subparagraph 10 of the Resident Registration Act (the point of unlawful use of resident registration numbers) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.

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