The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant on the charge of long-term care benefits, although it can be acknowledged that the defendant conspired with E to register a false caregiver and acquired the cost of long-term care benefits from the victim, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is the representative of the Dental Care Center in Gyeonggi-si C, and E is the director of the Dental Care Center who operates the D Medical Care Center with E.

The National Health Insurance Corporation of Korea stipulates that the expenses for long-term care benefits shall be paid to the medical care center in the form of a comprehensive water-based care system, including personnel expenses, facility operation expenses, additional expenses, etc. based on the number of patients of the medical care center. However, if the medical care center employs less than the number of essential care workers determined according to the number of patients of the medical care center, the expenses for long-term care benefits shall be reduced from the expenses for long-term care benefits that

The defendant, when applying for expenses for long-term care benefits to E and the victim, was willing to make a false entry of a caregiver and claim for expenses for long-term care benefits as the caregiver employed by the D Medical Care Center is at a risk of reducing the amount of medical care benefits by employing a caregiver less than the essential number of persons.

On March 7, 2014, the Defendant and E submitted an application for long-term care benefits to the victim National Health Insurance Corporation through his/her nameless employees at the above medical care center office and were falsely listed as if the F works for the D Care Center.

However, in fact, the caregiverF did not work at the D Care Center.

Nevertheless, the Defendant and E are required to receive long-term care benefits from the victims to the Agricultural Cooperative Account in the name of D on March 25, 2014.