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(영문) 대구지방법원 2017.03.23 2016고단6349

사기

Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is the head of the C Care Center located in Busan Si, and C Care Center is a medical corporation in which the defendant's husband D is the representative director E around July 2013 and has been actually operated by the defendant until now, and is a welfare facility for the elderly for whom long-term care benefits are paid by the National Health Insurance Corporation.

C Medical care centers may attract up to 29 older persons (persons with 65 older or older diseases). In order to receive 100% of long-term medical care and travel expenses from the National Health Insurance Corporation, medical care centers may employ one head of the facility, one nurse or one nurse, one social worker, one physician for medical care and protection for older persons and 2.5 older persons, and the above medical care personnel shall perform duties according to the table of work division at medical care centers for at least eight hours a day, and if not, a certain amount shall be reduced.

The Defendant recruited to receive long-term care allowance travel expenses from the National Health Insurance Corporation by falsely registering employees who did not actually work when the Defendant operated C medical care center with D, or by additionally registering the actual working hours.

On February 11, 2014, the Defendant, in collusion with D, filed a claim for expenses for long-term care benefit and travel with D using “long-term care insurance claim program” by accessing the National Health Insurance Corporation’s website, and received medical registration in the column of service period and the column of service period from January 1, 2014 to October of the same month, the Defendant: (a) entered as if the private person in charge of nursing care did not work at C medical care and claimed long-term care benefit and travel expenses by registering it on the website of the National Health Insurance Corporation; and (b) requested the National Health Insurance Corporation to pay 100% of the expenses for long-term care benefit and 10% of the expenses to the Daegu bank account in the name of C medical care, and subsequently received 2,145,654 won among them unlawfully.

In addition, from that time, March 7, 2016.