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(영문) 인천지방법원 부천지원 2015.11.27 2015고단1616

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The Defendant is a person operating the “E Medical Care Center”, which is a sanatorium for older persons, in Seocheon-gu, Seocheon-gu.

When the Defendant claims expenses for long-term care benefits to the National Health Insurance Corporation in his/her medical care center for older persons run by himself/herself, the Defendant did not apply a premium rate when meeting the compulsory number of persons to be admitted to the medical care center. However, if the compulsory number of persons to be placed fails to meet the compulsory number of persons to be placed, the Defendant would be reduced from the medical care benefit cost according to the number of vacancies or the number of vacancies, and if the number of persons to be placed exceeds the compulsory number of persons to be placed, he/she would be entitled to the additional premium rate applied in proportion to the excessive number of persons. In addition, the Defendant was able to receive more expenses for long-term care benefits by falsely reporting the number of employees actually placed in the medical care center

Around April 5, 2010, the Defendant filed a claim for the cost of long-term care benefits on March 2010, by accessing the homepage of the National Health Insurance Corporation and claiming for the cost of long-term care benefits on the preceding month from March 2010. Despite the fact that social workers F and nurses G had not worked in March 2010, the Defendant falsely reported the matters concerning the placement of human resources as if the reduction rate was applied to a social worker who is an essential worker and nurse without a nurse, so as to prevent less medical care benefits from being provided. On April 25, 2010, the victim received KRW 14,40,870 from the person in charge of expenses for long-term care benefits of the National Health Insurance Corporation to receive KRW 14,40,870 as expenses for long-term care benefits from the person in charge of expenses for long-term care benefits, and received more than KRW 5,760,348 won due to a vacancy in the essential number of persons, and received more than KRW 363,50 days from March 25, 2013.