A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is an operator of the “Dental Care Center”, who is a long-term care institution in Kim Sea-si C.

In order for a long-term care institution to claim medical care benefits to victims, the National Health Insurance Corporation shall comply with the guidelines for the placement of employees according to the number of persons eligible for admission. According to the above guidelines, one physical clinic shall be placed (one additional person whenever the number of persons eligible for admission exceeds 100), and the relevant physical clinic shall be employed for at least 160 hours a month.

Meanwhile, according to the Ministry of Health and Welfare's notice on the criteria for the provision of long-term care benefits and the calculation method of expenses for long-term care benefits, 10% of the relevant medical care benefits is reduced if there is only one vacancy of a physical clinic.

In the course of operating the above welfare corporation, the Defendant had attempted to defraud the medical care benefits by deceiving the physical therapy worker as if he had worked for at least 160 hours a month without working for at least 160 hours a month.

According to such plans, the Defendant knew of the fact that the monthly working hours of E, a physical therapy worker, are less than 160 hours, and thus, 10% of the premium rate for medical care benefits is applied to the victim, despite reporting as if the E had worked for not less than 160 hours, the Defendant claimed for medical care benefits at an amount that does not apply 10% of the premium rate for medical care benefits, and received excessive delivery of KRW 5,276,580.

The Defendant, including this, received a sum of KRW 309,914,30 from the National Health Insurance Corporation by the same method over 52 times, such as the list of offenses, from around that time to October 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each report on investigation;

1. Each fact-finding certificate and each written answer;

1. A complaint;