2012 Go fixed 1399 Fraudulent

A person shall be appointed.

first-aid promotion (prosecution), and non-permission (public trial)

Attorney Kim Jae-young (Korean National Assembly Line)

April 25, 2013

Defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal History Office

The defendant is a caregiver belonging to the B Elderly Welfare Center, which is a home care institution.

A caregiver is an elderly person aged 65 or older under the Act on Long-Term Care Insurance for the Aged and the Act on the Welfare of Older Persons or under 65 years of age, who visits his/her home and provides the elderly with physical activities, household activities, bathing, etc. (hereinafter “beneficiary”). When the defendant provides home care benefits as above and submits the details thereof to the above welfare center, the above welfare center shall have access to the Internet homepage of the Korea National Health Insurance Corporation and charge expenses for long-term care benefits electronically on the ground of the aforementioned record, and the defendant receives such allowances based on the record from the above welfare center on the 25th day of each month. The defendant did not properly examine the expenses from the National Health Insurance Corporation in the procedure, and did not receive the expenses from the above welfare center on the 1st day of the 20th day of the month, and the defendant did not receive the expenses from the above welfare center on the 1st day of the 20th day of the month, and did not receive them again from the first day of the first day.

08: From 00 to 12:00, a beneficiary C’s residence in Ulsan Jung-gu was visited to provide home care service, and then claimed expenses for long-term care benefits to the National Health Insurance Corporation as if the beneficiary had not provided home care service normally. The beneficiary received KRW 33,570 from the beneficiary in charge of long-term care benefits and received KRW 33,570 from the beneficiary in charge of long-term care benefits in the same manner and acquired it by fraud from the first police officer of March 201 to the first police officer of August 201 in the same manner.

2. On September 6, 201, the Defendant, in collusion with D, the representative of the foregoing center, received KRW 379,500 as well as acquired KRW 379,50 on 10 occasions as stated in the attached Table (A) through (16), in collusion with D, and received KRW 34,170 from the person in charge of long-term care benefits of the foregoing Insurance Corporation, who did not know the fact that E had visited the residence of the above C and provided the home care service, in a normal manner, even though he had not provided the home care service, as a caregiver, from around 30 to 21:30 on August 6, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Statement of each police statement concerning F;

1. Attachment of the remittance of benefits to caregivers;

1. A report on the confirmation of the details of benefits paid, compared to the requests by caregiver;

1. Reporting on reorganization, such as the period of service of each caregiver;

1. Investigation report (Attachment, such as Claim Details, etc. for Additional Benefit Allowance);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of each Criminal Code (the point of each fraud), Articles 347(1) and 30 of each Criminal Code (the point of each joint fraud), selection of each fine;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges Cho Jae-han

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