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(영문) 부산지방법원 2018.05.16 2018고단620
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of the long-term medical care institution called the "F" located in the Geum-gu Busan Metropolitan Government E, and Defendant B is a person who manages and operates the overall affairs of the Center because he/she is in the position of the long-term medical care personnel belonging to the Dong Center and the "Chief".

1. The Defendants opened a mobile phone G in the name of Defendant A, and reported the said mobile phone as if the victim were the long-term care personnel H. The National Health Insurance Corporation (hereinafter the “Corporation”) received and possessed the said mobile phone from Defendant B by the recipient I, and contacted the said mobile phone with Defendant B at around 18:00, the Defendants notified the commencement of false care benefits to the Corporation by making a false contact at around 20:30, and conspired with H and the J to receive care benefits by deceiving the Corporation as if H had provided the recipient I with visiting care benefits.

At the above center office around December 8, 2014, even though there was no fact that H had provided long-term care benefits to beneficiaries I, the Defendants, as if they provided the said benefits, by deceiving the Corporation by creating a mobile phone instead of providing the benefits for medical care, or by falsely preparing a record of providing long-term care benefits, and by deceiving the Corporation by receiving 35,530 won for long-term care benefits from the transfer to the national bank account in the name of “F” as stated in the attached Table 1, including the following: (a) from around that time to May 16, 2015, acquired KRW 4,821,700 in total over 12 times from that time to May 16, 2015.

2. Even though K, who is a long-term care worker belonging to the above center, did not provide the recipient I with long-term care benefits, the Defendants provided K with long-term care benefits by means of creating the attitude by using the cell phone in the name of the Defendant A, which the J received from Defendant B.

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