A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[B] On December 23, 2010, the Defendant established the Jongno-gu Seoul Metropolitan Government Long-Term Care Center for Older Persons (hereinafter “E”) and operated the above Medical Care Center as a general care center for older persons (hereinafter “Medical Care Center”) and took charge of the duties such as claiming expenses for long-term care benefits to the victims (hereinafter “victim”) from around that time.

From July 2008, the victim Corporation provides beneficiaries who have difficulty in living a daily life through the long-term care insurance system for older persons or for reasons of elderly disease, etc. with facility admission and home care service for older persons, and provides them to operators of long-term care institutions with relevant medical care benefits. A long-term care institution shall provide long-term care benefits in accordance with the criteria, procedures, methods, etc. for providing long-term care benefits pursuant to Article 35 (2) of the Long-Term Care Insurance Act and request long-term care benefits in accordance with Article 39 (3) of the same Act and Article 32 (Methods and Items of Calculating Price and Facility Care Expenses) of the Enforcement Rule of the same Act to the Minister of Health and Welfare.

Accordingly, an operator of a long-term care institution shall pay expenses for benefits to all beneficiaries when the long-term care institution claims expenses for the relevant month according to the ratio of the actual vacancy of human resources. As such, the Service shall deduct the expenses for benefits by reflecting the rate of reduction in the amount of allowance. If a vacancy occurs to a caregiver, which is different from the criteria for placement of employees, the agency shall access the victim's website to accurately enter the number of standards for placement of employees, such as the facts, and shall also claim expenses for benefits.