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(영문) 서울북부지방법원 2015.12.22 2015고단3809
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, a medical care and communal living facility for older persons, in Dongdaemun-gu Seoul.

In the case of a medical care and communal living home for older persons (at least five and not more than nine persons), a long-term care institution shall manage the criteria for placement of employees, such as the head of the relevant facility or the secretary general, one of social workers, one nursing officer, or one caregiver per three inmates, and one caregiver per three inmates, etc.; in order for a long-term care institution to claim expenses for benefits to the Health Insurance Service (hereinafter referred to as the "Agency"), it shall register the actual working hours of employees every month through an information system on the website of the NHIS; and in the event of a change in working hours, the registration of changes shall be made immediately; and in the event of a vacancy for a caregiver, etc. different from the criteria for placement of employees, the following expenses for benefits shall be claimed by accurately entering the number of employees, such as the fact

Nevertheless, in claiming expenses for long-term care benefits to the Corporation, the Defendant did not reflect the reduction rate according to the vacant ratio of nursing assistants and caregivers in claiming expenses for long-term care benefits, but instead did not work for caregivers as if they were working.

After having access to the Ministry of Health and Welfare’s information system site (www.W4c.go.kr) at the above medical care center office, the Defendant entered the Defendant’s birth D, who was registered as an assistant nurse, as if he had worked normally during the above period, although he had not worked at the above medical care center from August 8, 2011 to July 2012, the Defendant entered the same falsely as if he had worked at the above medical care center during the above period. The Defendant entered the same as if he had worked normally during the above period, even though he had not worked at the above medical care center from August 201 to July 2012, and worked at the above medical care center from October 201 to July 2012.

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