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(영문) 의정부지방법원 2013.11.22 2013고단3501
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a caregiver belonging to the E Center (hereinafter referred to as the “Center”), a long-term care institution for home care located in Do Government-si.

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 under the Act on Long-Term Care Insurance for Older Persons and the Act on the Welfare of Older Persons (hereinafter referred to as “beneficiarys”); (b) provided them with physical activities, family activities, bathing, etc.; (c) entered the details thereof in the record of providing long-term care benefits; and (d) submitted the details thereof to F, the head of the center, who is the head of the center; and (e) provided them with the Internet homepage of the National Health Insurance Corporation (hereinafter referred to as the “victim”) for long-term care benefits, and accordingly, charged the Defendant with the payment of expenses for long-term care benefits from the victim’s bank account in the name of the said center, and paid some of

On February 2, 2012, the Defendant conspiredd with F, the head of the Center, with the view to claiming expenses for 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 expenses for long-term care benefits as if the beneficiary had provided such benefits normally.

Around that time, the Defendant: (a) visited the residence of the beneficiary H on January 7, 2012 between 18:10 to 19:10, and did not provide the beneficiary with home-to-house bathing benefits; (b) prepared a record book for providing long-term care benefits, such as the caregiver I, and issued it to F; and (c) provided the Defendant with home-to-house bathing benefits together with I.

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