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(영문) 창원지방법원 2017.06.21 2017고단1242

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Where a long-term medical care institution violates the Act on the Protection of Long-Term Care for Older Persons and the Protection of Older Persons provides a person recognized as a long-term medical care with physical activities, household activities, or inter-regional healthcare services, a victim may claim long-term medical care benefits to the National Health Insurance Corporation. Upon receipt of such claim, the victim shall examine such claim and pay the expenses incurred in long-term medical care to the relevant long-term medical care institution, on condition that the expenses have been added or reduced depending on whether the expenses are additionally allocated human resources of

The Defendant is the head of the facility E, which is a long-term medical care institution, from around April 28, 2014 to the window D of Changwon-si, and is actually operating the above E.

The defendant did not have actual service while operating the above E, or did not have been recognized as an employee of a long-term medical care institution because he did not work for part-time, so he did not know the victim to obtain long-term medical care benefits by falsely reporting the victim as employee of the above institution.

Accordingly, on August 2014, the Defendant claimed for expenses for long-term care benefits to the victim on or around July 2014. In fact, F did not have served as a doctor for medical care protection in E, while G prepared a false claim as if he/she had worked as an actual doctor for medical care protection even though he/she performed 140 hours per month in parallel with the duties of a doctor for medical care protection, or performed the duties of a doctor for medical care protection for 160 hours per month, and submitted a false claim as if he/she had been paid additional KRW 4,550,283 under the pretext of long-term care benefits in the attached crime list, including that he/she received additional payments of KRW 4,550,283 from the victim during that time, until September 2015, and received KRW 106,512,940 in total from the victim by means of the above method as above from September 11, 2015.