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(영문) 서울북부지방법원 2018.02.21 2017고합285

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

From October 2008, the defendant operated C medical care center, which is a long-term medical care institution for the elderly in Gyeonggi-do from around October 2008.

From July 208, the National Health Insurance Service for Victims (hereinafter referred to as the "victim Health Insurance Service") provides beneficiaries who have difficulty in living a daily life due to elderly or sexual illness, etc. through the long-term health care insurance system with facilities (admission to long-term health care facilities) and benefits for home care. A long-term health care institution operator shall provide long-term care benefits in accordance with the procedures and methods for providing long-term care benefits pursuant to Article 35 (2) of the Act on Long-Term Care Insurance for the Aged and apply for long-term care benefits in accordance with Article 39 (Calculation of Long-Term Care Benefits and Facilities Benefits) (3) of the Enforcement Rule of the same Act and Article 32 (Method and item of calculation of home care benefits and facility care benefits) of the Enforcement Rule of the same Act.

Accordingly, an operator of a long-term medical care institution shall, if a long-term medical care institution claims expenses for all beneficiaries in proportion to the actual vacancy rate of human resources, deduct the cost of benefits by reflecting the reduction rate of the victim's calculation. Therefore, if a vacancy occurs in the medical care care care care care care worker, etc. differently from the criteria for the placement of employees, he/she should have access to the website of the victim and accurately entered the number of employees in the same manner as the fact, claim the cost of benefits, and claim compensation liability insurance for damages to be paid by law in preparation for injury of the beneficiary who could occur in the course of providing