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(영문) 의정부지방법원 2014.05.01 2014고정219
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a caregiver belonging to the C Center (hereinafter referred to as the “Center”) which is a long-term care institution for home care.

A caregiver is a person who visits his/her home and provides services, such as physical activities, household activities, bathing, etc. (hereinafter referred to as "repaid benefits") to older persons aged 65 years or older under the Act on Long-Term Care Insurance for Older Persons and the Welfare of Older Persons Act, or older persons who have been classified as older persons, such as dementia (hereinafter referred to as "recipients").

If the Defendant provided home care benefits as above and entered the details thereof in the record of provision of long-term care benefits and submitted them to the above Center, the above Center shall access the Internet homepage of the National Health Insurance Corporation every month on the ground of the above record and claim expenses for long-term care benefits in a lump sum on a computerized basis, and accordingly, the Defendant is paid the above Center’s allowance based on the above record on the 25th day of each month.

In such a procedure, the Defendant, using the fact that the National Health Insurance Corporation did not examine the details of the provision of the home care benefits at the victim’s request without properly examining the details of the provision of the home care benefits, did not provide recipients with the home care benefits, or provided a mixed person (it can be calculated when at least two caregivers provided at least 60 minutes of the home care benefits). However, the Defendant, in collusion with D, who is the representative of the above Center, intended to receive expenses for home care benefits.

1. From August 10, 2012 to July 18:40, 2012, in fact, the E Center located in the Seocho-si E Center, and from July 10, 2012 to 19:40, the recipient’s visit bathing benefits were provided to the beneficiary at the residence of F (n.e., age 75). However, even if the beneficiary’s visit bathing benefits were provided to the beneficiary, the recipient was provided to the National Health Insurance Corporation as well as G caregiver.

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