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(영문) 서울중앙지방법원 2016.07.21 2016고단1541

노인장기요양보험법위반

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, as the president of the “D Medical Care Center,” a long-term medical care institution located in Gwanak-gu in Seoul Special Metropolitan City, provides home care benefits (long with the long-term medical care benefits for physical activities, household activities, bathing, etc.) to a person who has been rated by a meeting of the determination committee for long-term care, etc. (hereinafter “beneficiary”) among the “persons aged 65 or older” under the Long-Term Medical Care Insurance Act or “persons suffering from illness, such as dementia, even if they are under 65 years old,” and the Defendant is a caregiver who operates the above long-term medical care institution in a manner that claims expenses for home care to the National Health Insurance Corporation en bloc, and is a caregiver, and E, F, G, H, I, K, L, M, N,O, P, and the aforementioned long-term medical care benefits are care care care benefits to be provided to the above long-term medical care institution operated by the Defendant.

The Defendant falsely prepared relevant details as he/she provided visiting bathing, vehicle use services, visiting care services, etc. to recipients, and filed a claim for reimbursement of home care benefits from the National Health Insurance Corporation.

1. The Defendant solely committed the crime committed by the Defendant, even though he did not provide the recipient Q with visiting bath and vehicle use services, on April 4, 2011, filed a false claim for home care benefits as if he provided visiting bath and vehicle use services to Q Q, and that he received KRW 2,383,610 from the victim on April 25, 201 and received KRW 39,590 from the National Health Insurance Corporation (hereinafter referred to as “victim”) on 62 occasions as in the attached Table 1 List 1 of the Crimes List 2,383,610 for home care benefits.

2. On April 4, 2011, the Defendant and the Defendant jointly committed a crime committed a false case in collusion with the above E, even though they did not provide visiting medical care services to the R, and filed a false claim for home care benefits as they provided visiting medical care services to R with the beneficiary.