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(영문) 서울서부지방법원 2018.09.06 2017고합335
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 201, the Defendant had been practically operating D Co., Ltd. (hereinafter referred to as “D”) that imports and sells goods from the Gyeonggi-si Building B and B, a bather for welfare purposes, etc. from around April 201, and was appointed as a joint representative director around April 11, 2017.

When a manufacturer or importer of a Gu for welfare uses intends to apply long-term care and insurance benefits for older persons with welfare tools, he/she shall prepare an application for determination of benefits to the president of the National Health Insurance Corporation (hereinafter referred to as the "Corporation") along with essential documents, such as cost data of the relevant welfare tools.

After examining the appropriateness, etc. of submitted documents, the Corporation shall select products subject to price consultation through consultation with the relevant company, and then publicly announce the price of the products subject to payment and its price as a result of consultation with the relevant company, based on the material cost, external stock price, import cost, etc., calculated and submitted by the relevant company based on material cost, external stock price, import cost, etc., ② market survey price, which is the actual transaction value of the same or similar products investigated by the Corporation, ③ the price of the relevant company’s calculation based on the cost evidence, such as tax invoice, transaction statement, and import declaration certificate submitted by the relevant company.

A manufacturer or importer of welfare equipment who has received a decision to pay benefits in accordance with the above procedure shall sell welfare equipment to a place of business or agency for welfare equipment (hereinafter referred to as "place of business, etc."), and a place of business, etc. shall receive 85% of the publicly notified price from the Service after selling the welfare equipment purchased to the beneficiary and receive 15% of the remainder from the recipient.

In filing an application for determination of the above benefits, a manufacturer or importer of welfare equipment shall be obligated to prepare and submit an application for determination of the benefits as they are and submit true cost evidence materials.

Nevertheless, it is true that the application is able to be prepared.

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