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(영문) 의정부지방법원 2013.12.18 2013고단3504

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a caregiver belonging to the E Center, a long-term care institution for home care (hereinafter referred to as the “Center”), located in D at the Government of Gyeonggi-do.

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 under the Act on Long-Term Care Insurance for Older Persons and the Act on the Welfare of Older Persons (hereinafter referred to as “beneficiarys”); (b) provided them with physical activities, family activities, bathing, etc.; (c) entered the details thereof in the record of providing long-term care benefits; and (d) submitted the details thereof to F, the head of the center, who is the head of the center; and (e) provided them with the Internet homepage of the National Health Insurance Corporation (hereinafter referred to as the “victim”) for long-term care benefits, and accordingly, charged the Defendant with the payment of expenses for long-term care benefits from the victim’s bank account in the name of the said center, and paid some of

On February 2, 2012, the Defendant conspiredd with F, the head of the Center, by claiming the cost of each long-term care benefit as if two or more caregivers were provided with bathing benefits for 60 minutes or more as long as the care benefits were provided, even though one care worker provided visiting bathing benefits without properly examining the details of the record book of the provision of the above long-term care benefits and instead paying the cost of long-term care benefits as claimed by the Center.

On May 9, 2012, the Defendant visited the beneficiary H’s residence between 14:00 to 19:00 on April 9, 2012, and only 4 hours.