A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Reference Facts] The Defendant is an operator of the E Medical Care Center in Ansan-gu D during the period of Ansan-si, and the E Medical Care Center was designated as a long-term medical care institution from the Ansan-si on March 31, 2012.

A long-term medical care institution shall have difficulty in performing daily life on its own for at least six months.

A rating member of the National Health Insurance Corporation (hereinafter referred to as the "Corporation") is an institution that provides a person who is determined to receive long-term medical care (hereinafter referred to as "beneficiary") in accordance with the criteria for determining benefits, such as long-term medical care, among the elderly aged 65 years old or under 65 years old or persons with dementia and cerebrovascular diseases, with education, training, etc. (hereinafter referred to as "facility benefits") to support physical activities and to maintain and improve physical and mental functions.

Where a long-term medical care institution provides a beneficiary with facility benefits, it shall claim the Service for long-term medical care benefits (hereinafter referred to as "medical care benefits").

One long-term medical care institution shall assign one secretary general, one social welfare worker, one doctor, one nurse, or one worker for nursing in accordance with the guidelines for placement of human resources by occupation in attached Table 4 of Article 22(1) of the Enforcement Rule of the Welfare of the Aged Act in the case of 100 inmates, one admitted person per 25 persons, one physical therapy or one worker for work (one additional person every time the number exceeds 100 persons admitted), one admitted person per 2.5 persons, one dietitian for 2.5 persons admitted (hereinafter referred to as "essential human resources"), and the above human resources shall be calculated as one person if the monthly working hours exceed 160 hours.

[Criminal facts]

1. A long-term medical care institution must provide beneficiaries with facility benefits in the form of placement of essential human resources, and if a medical care institution fails to assign physical care specialists among essential human resources, it is required to reduce the amount of 10% per person per physical care worker and claim for reimbursement of 160% per person per annum. However, the Defendant knows that when a physical care doctor works for at least 160 hours per month, the amount of expenses for medical care shall be paid from the victim to the Service.