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(영문) 의정부지방법원 2013.12.18 2013고단3498
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Under the Act on Long-Term Care Insurance for Older Persons and the Welfare of Older Persons Act, the Defendant: (a) visited the home of older persons aged 65 years or older; (b) provided physical activities, family activities, bathing, etc.; (c) entered the details thereof in the record of providing long-term care benefits; and (d) entered the details thereof in the Internet homepage of the National Health Insurance Corporation (hereinafter “victim”); and (b) received the transfer of expenses for long-term care benefits from the victim to the Korean bank account (Account Number E) in the name of the said center from the victim during each month, and paid some of them to the Defendant as allowances on the 25th day of each month.

On February 2, 2012, the Defendant conspiredd with D, the head of the Center, with a view to claiming the cost of long-term care benefits as if the beneficiary had not provided home care benefits or home care benefits for home care, even though the beneficiary had not provided home care benefits or home care benefits for home care at the request of the Center, in the above procedure, by claiming the cost of long-term care benefits as if the beneficiary had provided it normally.

Around that time, the Defendant prepared a record book on the provision of long-term care benefits as if the Defendant had visited the beneficiary F’s residence on January 19, 2012 between 16:30 to 20:30 on and around 19, 2012, without providing the beneficiary’s home care benefits, and issued it to D. As such, D had access to the victim’s Internet homepage as the Defendant provided the beneficiary’s home care benefits.

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