The defendant shall be innocent.

1. The Defendant in the facts charged in the instant case is the representative of the D Care Center in Gyeonggi-si C, and E is the director of the D Care Center, who operates the D Care Center with E.

The National Health Insurance Corporation of Korea provides that long-term care allowance expenses shall be paid to the medical care center in the form of a block, including personnel expenses, facility operating expenses, additional expenses, etc. based on the number of patients of the medical care center. However, the Act and subordinate statutes stipulate that the medical care center shall reduce the number of persons less than the number of the number of the essential medical care workers determined according to the number of patients, and pay them to the medical care center by reducing the number of persons less than the number of the essential medical care workers.

When applying for expenses for long-term medical care allowance to E and the victim, the defendant would be faced with the crisis that the doctor employed by the D Medical Care Protection Board would reduce the amount of medical care benefits by employing less than the essential number of persons, and the defendant would make a false entry of the doctor of medical care protection and claim for expenses for long-term medical care allowance.

On March 7, 2014, the Defendant and E submitted an application for long-term care benefits to the National Health Insurance Corporation through his/her nameless employees at the above office of the medical care center and the victim F was falsely registered as if he/she works for the D medical care center.

However, the fact is that the FF did not work at the D Care Center.

Nevertheless, on March 25, 2014, the Defendant and E received the transfer of long-term care allowance expenses from the injured party to the Agricultural Cooperative account under the name of D on March 25, 2014, and did not receive the reduction of the necessary personnel amount of KRW 3,612,360 due to the shortage of personnel, thereby acquiring property benefits equivalent to the said amount.

Accordingly, the defendant conspireds with E to acquire pecuniary benefits by deceiving the victim.

2. The Defendant and the defense counsel’s assertion was not recruited with E, and the act recorded in the facts charged is the Defendant and the E, who actually delegated the Defendant with respect to the operation of the medical care center.