beta
(영문) 의정부지방법원 2013.12.09 2013고단3503

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a caregiver belonging to C (hereinafter referred to as the “Center”) who is a long-term care institution for home care (hereinafter referred to as the “Center”) in Gyeonggi-do Government.

Under the Act on Long-Term Care Insurance for Older Persons and the Welfare of Older Persons Act, the Defendant: (a) visited the home of older persons aged 65 years or older; (b) provided physical activities, family activities, bathing, etc.; (c) entered the details thereof in the record of providing long-term care benefits; and (d) entered the details thereof in the Internet homepage of the National Health Insurance Corporation (hereinafter “victim”); and (b) received the transfer of expenses for long-term care benefits from the victim to the Korean bank account (Account Number E) in the name of the said center from the victim during each month, and paid some of them to the Defendant as allowances on the 25th day of each month.

On February 2, 2012, the Defendant conspiredd with D, the head of the center, with each other, to claim expenses for long-term care benefits as long as the period for providing home care benefits was actually more than the actual time of providing home care benefits, by taking advantage of the fact that the Victim’s Corporation did not properly examine the details of the record of providing long-term care benefits and paid expenses as requested by the Center.

Around that time, the Defendant: (a) visited the residence of the beneficiary F during the period between 08:30 to 13:30 on January 7, 2012; (b) prepared a record book of provision of long-term care benefits as if the Defendant provided the beneficiary with home care for home care without providing the beneficiary with home care for home care; and (c) delivered it to D.