A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Presumption Facts] From May 30, 2013, the Defendant is the representative operating D (1) and D (2) and E, which is a communal living home for older persons, visit care, and short-term protection facility, respectively, in Gangnam-gu Seoul Metropolitan Government, from around May 30, 2013. From November 27, 2013, the Defendant established and actually operated a communal living home and short-term protection facility in the name of his/her father F in the above place, and was in charge of providing services to beneficiaries by employing social workers, medical care guardians, nurses, etc., and claiming the benefits, etc. of each medical care assistance officer 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 ratio of human resources, pay them after deducting 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 assistance officer, etc. different from the criteria for the placement of employees,