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(영문) 부산지방법원 2015.08.21 2015고합232

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for two years and fines for 8,800,000 won, and Defendant B shall be punished by fines for 8,800,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who imports and sells welfare equipment for the elderly from Japan while operating the defendant corporation B in Seocho-gu Seoul Metropolitan Government E building.

1. The “welfare aid” under the Enforcement Rule of the Long-Term Care Insurance Act, which is subject to the application of long-term care insurance benefits for older persons (Article 23(1)1(f) of the Act on Long-Term Care Insurance for Older Persons, among the long-term care benefits for older persons (Article 23(1)1(f) of the Act on Long-Term Care Insurance for Older Persons, refers to the type in which a beneficiary provides tools necessary for life and physical activities or provides assistance for rehabilitation by visiting home, etc., as prescribed by Presidential Decree), is to select a product from the National Health Insurance Corporation, determine the price of the product, and publicly announce the price by the Ministry of Health and Welfare, and then the remaining 85% of the product price is to be borne by the National Health Insurance Corporation, and the rest 15% of the product price is to be borne by the purchaser

The announced price of welfare programs shall be determined at an appropriate price taking into account the desired sale price, market survey price, and the estimated price of the Corporation. In the case of imported welfare programs, the imported welfare programs shall be based on the determination of the estimated price and the desired sale price of the Corporation stated in the certificate of import declaration. After reporting the import price of welfare programs, Defendant A submitted the certificate of import declaration to the National Health Insurance Corporation and submitted the certificate of import declaration to determine the higher price of welfare programs products. Based on this, Defendant A sold welfare programs to the welfare aid business office, etc., and received the payment of the amount of the insurance benefits from the victim’s insurance benefit business office.