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(영문) 서울북부지방법원 2018.04.12 2017고단5396 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant D, from around December 2013, operated a long-term sanatorium for older persons in Gwangju-si in Gyeonggi-do, is a person who is operating a sanatorium for older persons in Gwangju-si, and provided long-term medical care services to inmates while managing employees, such as medical care care, care, care, care, etc. under his/her jurisdiction, and the Defendant was registered as a medical care and protection doctor for older persons.

From July 208, the National Health Insurance Corporation (hereinafter referred to as the "victims' Health Insurance Corporation") provides long-term care benefits to beneficiaries who have difficulty in living a daily life due to elderly or sexual illness, etc. through the elderly health care insurance system, and provides long-term health care institutions operators with such care benefits. Under Article 35 (2) of the Long-Term Care Insurance Act, long-term care institutions provide long-term care benefits in accordance with the procedures, methods, etc. for providing long-term care benefits and provide long-term care benefits in accordance with Article 39 (Calculation of Long-Term Care Benefits and Facilities Benefits) (3) of the Enforcement Rule of the same Act and Article 32 (Methods and Items of Calculating Long-Term Care Benefits and of Calculating Care Benefits) of the Enforcement Rule of the same Act.

Accordingly, an operator of a long-term medical care institution shall, if a long-term medical care institution claims expenses for all beneficiaries in proportion to the actual vacancy rate of human resources, deduct the expenses for benefits in accordance with the reduction rate of the victim's calculation. Therefore, if a vacancy occurs in the medical care care care care care worker, etc. differently from the criteria for the placement of employees, it is necessary to access the website of the victim and accurately enter the number of employees, such as the fact, and to claim expenses for benefits in the process of providing long-term medical care benefits.

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