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(영문) 서울중앙지방법원 2017.11.22 2016고정1472
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of the “AF Welfare Center” (A) which is a long-term medical care institution (agency sign E) at Gangnam-gu Seoul Metropolitan Government (D and 402).

A long-term medical care institution for home care provides a beneficiary who needs support pursuant to the "Act on the Insurance of Long-Term Care for Older Persons" (the elderly who suffers from elderly or gender-related diseases) with home care (the medical care protection company shall visit the beneficiary's home, etc. to provide him/her with equipment necessary for supporting physical activities, family activities, etc., visiting bathing, supporting daily life and physical activities, providing rehabilitation support, and claiming long-term medical care benefits, and claim the expenses accordingly to the National Health Insurance Corporation.

Nevertheless, the defendant had the intention to acquire the long-term care benefits by receiving a false request or a method of illegally increasing the time, number of days, etc.

From July 2014 to December 2, 2014, when operating the above period, the Defendant filed a claim for long-term medical care benefits against the National Health Insurance Corporation against the victim on the ground that the Defendant provided a visiting medical care service at least nine times in total by a private individual under the Gangnam-gu J, Seoul J, 109 Dong 812, the residence of the recipient of supply and demand for management from July 5, 2014 to December 2, 2014.

However, as requested by the National Health Insurance Corporation, there was no fact that the defendant visited the above beneficiary's home and provided the medical care service.

The Defendant received total amount of KRW 2,120,660 on August 14, 2014 from the injured party, as well as KRW 38,440,00 from the Defendant’s agricultural bank account (K) under the name of the Defendant, and received KRW 2,120,660 on 41 occasions as indicated in the list of crimes in the attached Form.

2. Determination

A. The determination of the facts charged in relation to the facts charged in relation to the beneficiary I is a document stating questions and answers through telephone conversations between L and I, an employee of the above Corporation, by telephone conversations between L and I. This is a document that contains questions and answers. Articles 311, 312, 315, and 315 of the Criminal Procedure Act as professional evidence.

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