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(영문) 서울북부지방법원 2018.12.13 2016고단5777
사기
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

[Presumption Facts] The Defendant, who operates a medical care center for senior citizens (short-term protection), C senior citizens’ medical care center (joint living), D (joint living), and E (joint living) in Gangnam-gu Seoul Metropolitan Government, has provided services to recipients by employing social workers, medical care protection agencies, nurses, etc., and has been in charge of providing services to the National Health Insurance Corporation (hereinafter “the National Health Insurance Corporation”) to the victims of medical care benefits, etc.

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 to a long-term care facility) and home care benefits to the operator of a long-term care institution. The long-term care institution provides long-term care benefits in accordance with the criteria, procedures, methods, etc. for providing long-term care benefits pursuant to Article 35 (Duties, etc. of Long-Term Care Institutions) of the Long-Term Care Insurance Act and requests long-term care benefits in accordance with Article 39 (Calculation of Long-Term Care Benefits and Facility Care Expenses) (3) of the Enforcement Rule of the same Act and Article 32 (Methods and Items of Calculating Long-Term Care Benefits and Facility Care Expenses) 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 worker in breach of the criteria for the placement of employees, accurately enters the number of persons, such as the fact, by accessing the homepage of the victim's service site whenever the vacancy occurs

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