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(영문) 수원지방법원 안산지원 2018.04.10 2018고단376
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, who operates the “D Welfare Center” on the Ocheon-gu Seoul and the third floor, and the “F Welfare Center” on the same city, the Si, Gu, E, and the third floor, was willing to receive and defraud long-term care benefits by means of claiming as if he did not provide care benefits in filing a claim for long-term care benefits with the National Health Insurance Corporation, even though he did not provide care benefits.

Defendant around October 5, 2011, the same year at the above “D Welfare Center” by the Defendant.

9.7. The same year from around July 199

9. Until October 14 of the same year, by around 28, 200, received KRW 134,600 from the above Corporation as the benefit for medical care, by claiming medical care benefits from the National Health Insurance Corporation as if he/she had provided the above service despite the fact that H and I had not provided the home care benefit service to G recipients of medical care insurance.

In addition, as stated in attached Table 1 from December 10, 201 to September 4, 2014, Defendant filed a false request for medical care benefits from the aforementioned “F Welfare Center” to the day on which July 21, 2014, and received a total of KRW 129,91,150 in total over 550 times by claiming false medical care benefits as stated in attached Table 2 from around December 10, 201 to around September 4, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against J;

1. Each police statement protocol against K, L, M, N,O, P, Q, R, and S;

1. Application of the investigation report (Calculation of the amount obtained by deceit of the D welfare center), investigation report (Calculation of the amount obtained by deceit of the F welfare center), and the investigation report (Calculation of the amount obtained by deceit) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act for the selection of punishment for the crime ( comprehensively including each welfare center, choice of imprisonment with prison labor);

1. The crime of this case on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is cost of long-term care benefits.

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