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(영문) 인천지방법원 2015.04.16 2015고단701

노인장기요양보험법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

No one shall receive, or cause another person to receive, long-term care benefits by fraud or other improper means.

The Defendant is a person who operates a long-term care institution under the name of “D Care Center” in Bupyeong-gu Incheon Metropolitan City.

1. The Defendant, when the “public notice on expenses for long-term care benefits, etc.” was first implemented, was recognized as hours for providing benefits to a maximum of 240 minutes even if a caregiver is to receive a beneficiary who is his/her family member, and accordingly, was entitled to receive expenses for long-term care benefits from the National Health Insurance Corporation. However, upon the revision of the above public notice on around 209, a maximum of 60 minutes of the hours for providing benefits was recognized as hours for providing benefits and the excess thereof was unable to receive expenses for providing long-term care. In collusion with a caregiver belonging to the said center, even though a caregiver was to receive a beneficiary who is his/her family member of other caregiver, he/she was willing to receive expenses for long-term care benefits

On July 2013, the Defendant: (a) around the end of July 2013, at the D Care Center located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) in collusion with 21 caregivers, the Defendant provided care benefits to the National Health Insurance Corporation in the same manner from August 2013 to March 2014, and (c) provided a total of KRW 153,690,712 by requesting for long-term care benefits to the National Health Insurance Corporation by requesting for long-term care benefits from August 2013 to March 2014, in the absence of medical care for H, i.e., other care workers G care workers’ medical care.