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(영문) 서울서부지방법원 2019.01.18 2017고합341

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of Seodaemun-gu Seoul Metropolitan Government Welfare Equipment and Medical Devices Manufacturing Business Co., Ltd. (hereinafter referred to as “C”), is a person who exercises overall control over the overall business of the company.

When a manufacturer or importer of welfare tools intends to apply long-term care insurance benefits for older persons with such welfare tools, he/she shall prepare and submit an application for determination of benefits to the president of the National Health Insurance Corporation (hereinafter referred to as the "Corporation") along with essential documents, such as evidence of the cost of the relevant

After examining the appropriateness, etc. of submitted documents, the Corporation shall select products subject to price consultation after consultation with the relevant business entity, and the Ministry of Health and Welfare shall publicly announce the price of the products subject to price consultation based on the data on cost verification, such as the cost of materials, cost of external processing, cost of imported hospitalization, etc., calculated and submitted by the relevant business entity to the Corporation based on actual cost of the products, ② the market survey price, which is the actual transaction value of the same or similar products investigated by the Corporation, ③ the price of the relevant business entity’s calculation based on cost verification, such as tax invoices, details of transactions, and import declaration certificate submitted by the Corporation.

A manufacturer or importer of welfare equipment in receipt of a decision on payment of benefits in accordance with the above procedure shall sell welfare equipment to a welfare equipment business office or agency (hereinafter referred to as "business office, etc."), and a business office, etc. shall receive 85% of the publicly notified price from the Service after selling the purchased welfare equipment to the beneficiary, and receive 15% of the remainder from the beneficiary.

In making an application for the determination of the above benefits, the manufacturer or importer of welfare equipment is obligated to prepare and submit the application for the determination of the benefits as well as to submit the true cost evidence.

On the other hand, the fact that the application is not true or false cost evidence is submitted.