A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who operates a long-term medical care institution with the trade name “D” in B building C in light of light.

The Defendant, on the Internet homepage of the National Health Insurance Corporation of each month based on the data such as the records of provision of long-term care benefits, etc. on which “D” medical care benefits are provided by visiting the home of a beneficiary under the Welfare Act of the Aged and the Long-Term Care Protection Act, and the details thereof, had the victim claimed long-term care benefits based on the above data, and had the victim paid long-term care benefits by claiming for long-term care benefits from the victim by claiming for the time, frequency, etc. of the visit service actually provided by the medical care protection company.

On June 2017, the Defendant filed a claim for long-term care benefits equivalent to KRW 429,336 with the victim as long as the Defendant had not visited the beneficiary’s residence and provided home care benefits, even though the beneficiary was not paid home care benefits.

The Defendant received KRW 429,36 from the victim’s bank account (F) around that time, to transfer KRW 429,336 as expenses for long-term care benefits, and received KRW 63,561,582 in total from that time to September 25, 2019, as indicated in the list of crimes in attached Form 99.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the respective police statement E in relation to G, the statement of account transaction (I bank -A), account transaction statement (I bank - J), the National Health Insurance Corporation data, the report of on-site investigation and support, each telephone answer, and the statement of account account of Defendant Enterprise Bank;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.