beta
(영문) 수원지방법원 평택지원 2020.02.06 2019고단413

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From November 17, 2014 to June 30, 2018, the Defendant is the head of a sanatorium for older persons and a facility that operates the “C Care Center” designated as a sanatorium for older persons in Ansan-si B, and is a person in charge of overall control over the affairs of the above medical care center, including the payment of wages and the claim for medical care benefits. D is a person who worked at the above medical care center from November 17, 2014 to June 9, 2018, and E is a person who worked as a physical care worker from around August 15, 2015 to June 30, 2018.

A long-term care institution may provide a beneficiary of long-term care benefits from the National Health Insurance Review Committee to a person determined as a beneficiary of long-term care benefits for at least six months, such as assistance in physical activities and education and training for the maintenance and improvement of mental and physical functions, among older persons aged 65 years or older or persons under 65 years of age, who have difficulty in daily life due to dementia, cerebrovascular diseases, etc., and may claim for expenses for long-term care benefits from the National Health Insurance Corporation

On the other hand, the operator of a sanatorium for older persons and a long-term care institution may claim and pay the full amount of expenses for long-term care benefits without additional reduction in accordance with the relevant statutes, such as "long-term care insurance for older persons", "Welfare of Older Persons Act and Enforcement Rule of the same Act", "public notice on the criteria for providing long-term care benefits and the calculation of expenses for long-term care benefits" (public notice of the Ministry of Health and Welfare) where at least ten persons are admitted to social workers and physical clinics. The above human resources shall be counted as one in cases where the monthly working hours are at least 160 hours, and if the standard for placement of human resources is not satisfied due to a vacancy in social workers and physical clinics, the beneficiaries shall be reduced at a certain ratio per person per vacancy and claim expenses for long-term care benefits, additional dues for night