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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by a fine of KRW 5,000,00.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an administrative fine of KRW 7,000,000) is too unreasonable.
2. Determination
A. The summary of the facts charged in this part of the judgment ex officio as to Defendant B’s violation of the Long-Term Care Insurance Act on May 29, 2013 by submitting a report on the establishment of a long-term medical care institution by which Defendant B resided in the United States and as the representative of F is the N who is unable to perform his/her duties as the representative at the Dong-gu Incheon Metropolitan Government Office on May 29, 2013, and in collusion with E, filed a report on the establishment of a long-term medical care institution by false or other unlawful means. The prosecutor is punished by imprisonment for not more than two years or by a fine not exceeding 20 million won for any of the following persons:
2. A person who establishes and operates a long-term medical care institution without filing a report, in violation of Article 32, or who files a report by fraudulent or other illegal means, in violation of Article 32 (Establishment of Long-Term Medical Care Institution) (1) Any person who intends to provide at least one long-term medical care benefit out of the benefits for home care prescribed in Article 23 (1) 1, shall install a long-term medical care institution equipped with facilities and human resources and file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province branch office, or
Upon receipt of the report, the Mayor of a Special Self-Governing City, the head of a Si/Gun/Gu shall notify the Corporation of the details of the report.
The prosecution was instituted by applying Article 30 of the Criminal Code.
However, the above provision which punishs the act of reporting the establishment of a long-term care institution by false or other unlawful means was partially amended on August 13, 2013, and was newly established under the Long-term Care Insurance Act enforced from February 14, 2014, and there is no provision punishing the above act under the former Long-Term Care Insurance Act (Article 69 subparagraph 1).