Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year and four months.

However, against the Defendants.

Punishment of the crime

Defendant

A is the representative of the D Medical Care Center. Defendant B is the actual operator of the D Medical Care Center and E, and the Defendants are the mother and child.

1. The Defendants’ co-principal Dental Medical Service (hereinafter “the Defendants”) had 25 actual applicants around May 2015, and thus, according to the criteria for placement of human resources under the Act on Long-Term Care Insurance for the Aged, one director of the facility, one nurse or one assistant nurse, and ten caregivers shall be assigned. If at least one physical clinic or nurse or assistant nurse is assigned, 7% of the long-term care benefits paid from the Health Insurance Corporation may be additionally paid. If the Defendants run the medical institution in violation of the criteria for placement of human resources, they shall be reduced the amount of expenses for long-term care benefits to all beneficiaries according to the rate of increase in the number of human resources for the pertinent month during the violation period, and they shall not be provided with long-term care benefits by fraud or other improper means.

Defendant

B around the end of May 2015, at the “D Care Center” office located in the Dongbcheon-si, and on May 2015, a physical clinic and a caregiver were working for less than the criteria for human resources placement during the same month, but the Defendant A instructed the Defendant to prepare documents as if he/she had worked appropriately on the criteria for human resources placement and to claim medical care benefits. Defendant A around that time worked three times a week for a physical clinic G during the month of May 2015, and did not work for 180 hours a month while he/she worked for 3-40 hours a day while he/she worked for 3-4 hours a day during the month of May 2015, and even without having worked for H and I, G had worked for 20 hours a month of May 1, 2015, and had worked for 198 hours and had worked for 3,3614,80 won for long-term care benefits to both State offices of the National Health Insurance Corporation.

However, in light of the number of inmates, 10% of the necessary caregivers were vacant, and one full-time physical clinic is not assigned, which violates the criteria for placement of human resources.