logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.12 2016고합597
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] The Defendant, as the chief director of social welfare foundation D, established E medical care center and F hospital in the name of the foregoing legal entity around 2008, and practically operated the medical care center as the head of the above facility. The Defendant is in charge of providing long-term medical care services to beneficiaries and claiming long-term care benefits to the National Health Insurance Corporation (hereinafter “Corporation”).

From July 2008, the victim Corporation provides beneficiaries who have difficulty in living a daily life through the long-term care insurance system for older persons or for reasons of elderly disease, etc. with facility (admission to a long-term care facility) and home care benefits to the operator of a long-term care institution. The long-term care institution provides long-term care benefits in accordance with the criteria, procedures, methods, etc. for providing long-term care benefits pursuant to Article 35 (Duties, etc. of Long-Term Care Institutions) of the Long-Term Care Insurance Act and requests long-term care benefits in accordance with Article 39 (Calculation of Long-Term Care Benefits and Facility Care Expenses) (3) of the Enforcement Rule of the same Act and Article 32 (Methods and Items of Calculating Long-Term Care Benefits and Facility Care Expenses) of the Enforcement Rule of the same Act.

Accordingly, an operator of a long-term medical care institution shall, if a long-term medical care institution claims expenses for all beneficiaries in proportion to the actual vacancy rate of human resources, pay the expenses for benefits by reflecting the reduction rate of the victim's calculation. Therefore, if a vacancy occurs in the medical care care care care care care worker in breach of the criteria for the placement of employees, it should have access to the website of the victim and accurately entered the number of employees such as the fact, and then claim the expenses for benefits.

arrow