beta
(영문) 수원지방법원 2018.01.24 2016노668

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In fact, the Defendant was unaware of his specific form of work as a person who had worked before the Defendant had worked as the head of the instant medical center as a person to whom the instant medical center had been located.

The physical therapy G worked at the end of the week to supplement the shortage of working hours, so it actually worked for more than 160 hours a month, and even if G's working hours fall short of 160 hours a month, the Defendant did not recognize this fact.

(2) Since K with respect to excess of the prescribed number of employees was voluntarily able to take care of I and provided care in the company house in which he was residing, the Defendant was not aware of his admission to I, and even if he was admitted to I, there was a fact that the fixed number of medical care center of this case exceeded the prescribed number

Even if there is an excess of the fixed number of personnel due to the admission of I, the month of the instant indictment is not from September 2013 to November of the same year and from January 2014 to July of the same year.

According to the investigation records 158 pages, the number of persons actually admitted from September 2013 to November 201 of the same year exceeds 100 persons, and only on February 2014 and March 201, the number of persons actually admitted is 101 persons.

The JJ also stated that only October 2013 and November 1, 2014 of the same year and March 2014, the actual inmate of the instant medical care center was 101.

In addition, from January 1, 2014, pursuant to Article 2013-160 of the Ministry of Health and Welfare Notice No. 201, the excess standard was changed on a daily basis from the monthly standard. Since the Defendant was not aware of the amendment of such relevant statutes, he/she had an intention to commit a crime related to excess of the prescribed number due to the amendment of the above statutes.

It is difficult to see it.

(3) On September 30, 2014, regarding the violation of the additional placement standards for human resources, according to the guideline on the part of the Ministry of Health and Welfare (Guidance on the Standards for on-site investigations of human resources of long-term medical care institutions), “the occupational category reported by the above life group.”