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(영문) 서울서부지방법원 2018.01.19 2017고단3303
노인장기요양보험법위반
Text

Defendant

A shall be punished by a fine of KRW 12 million, and Defendant B shall be punished by a fine of KRW 7 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, which is a long-term medical care institution under the Long-Term Care Insurance Act, and the defendant B is a corporation designated as a long-term medical care benefit institution that provides equipment necessary to support the daily life and physical activities of the beneficiary in the E and the second floor at the time of strike.

1. Defendant A long-term medical care institutions shall not exempt or reduce the cost of home care and facility care benefits to be borne by beneficiaries for profit (hereinafter “child care institutions”).

Nevertheless, around February 14, 2014, the Defendant sold an amount equivalent to KRW 104,00,000, of welfare equipment necessary to support the daily life and physical activities of the recipient, such as safety loss, to F, who is a recipient of long-term care benefits, at the office B, the Defendant renounced the beneficiary’s claim for payment without receiving KRW 15,600 of the recipient’s partial charge, and subsequently exempted it. From that time, until March 31, 2017, the Defendant reduced or exempted the beneficiary’s partial charge amounting to KRW 36,251, total sum of KRW 285,380,540 by the same method as written in the list of crimes in the attached Form, from that time until March 31, 2017.

2. Defendant B, at the same time and place as the preceding paragraph, committed the same offense as that of the Defendant’s business in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each prosecution with respect to G and H;

1. A investigation report (including submission of details of exemption from charges on A and the principal), accompanying documents;

1. Application of data-related statutes, such as a full certificate of registered matters and an on-site investigation application;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 67(1)3 and 35(5) (generally inclusive) of the Act on the Insurance for Long-Term Care of Older Persons and the Selection of a fine

(b) Defendant B: the main sentence of Article 68 of the Act on the Insurance of Long-Term Care of Older Persons, Articles 67(1)3 and 35(5) (including inclusive) of the Act;

1. Defendant A to be detained in a workhouse: Criminal Act.

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