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(영문) 서울북부지방법원 2016.02.02 2015고단3178
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E Welfare Center”, a long-term health care institution, at the office located in Yeongdeungpo-gu Seoul Metropolitan Government D.

The defendant shall, alone for at least six months, have difficulty in performing his/her daily life as a person who has a long-term recuperation benefit (the senior citizen aged 65 years or older, or a person under the age of 65 years, who suffers from a dementia or cerebrovascular disease,

In providing a person recognized with physical activities, family activities, or services such as support for nursing services, or cash, etc. paid in lieu of such services, he/she has been able to obtain money by claiming long-term care benefits by preparing and submitting documents to the Health Insurance Corporation as if he/she actually conducted such services without providing the services such as physical activities, family activities, support for nursing services, or sick services (hereinafter referred to as "Visits services"), using the examination of documents alone.

1. From March 201 to June 2015, the Defendant, who failed to provide visiting services, visited the Health Insurance Corporation’s long-term care benefit cost portal system using a computer at the above E Welfare Center’s office. The fact was that: (a) the Defendant, even though the Defendant did not provide visiting services at the beneficiary I’s residence, by entering false information as if he provided visiting services; (b) entices the Victim Health Insurance Corporation by claiming home care benefits; (c) received KRW 26,146,298 from the victim to the Defendant under the name of the beneficiary for home care benefits; and (d) defrauded the beneficiary of KRW 23 times in total from March 201 to June 2015 by receiving KRW 194,756,235, in total, as indicated in the attached Table 1 Crime List from March 2011 to June 2015.

2. The Defendant of the number of visit service days is the Health Insurance Corporation by using the computer at the above E Welfare Center office from January 2014 to February 2015.

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