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(영문) 서울북부지방법원 2018.01.10 2017고단3997
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, from January 201, operated the “F”, a visiting bath facility in Seongbuk-gu Seoul, in Seongbuk-gu, from around January 201, is providing long-term medical care services to inmates while managing employees, such as affiliated medical care, care, care, care, etc.

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 cost of benefits by reflecting the reduction rate of the victim's calculation. Therefore, if a vacancy occurs in the medical care care care care care care care worker in breach of the criteria for the placement of employees, the institution should access the website of the victim and accurately enter the number of employees in the same manner as the fact, claim the cost of benefits, and compensate for the loss of the beneficiary who could incur in the process of providing long-term medical care benefits.

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