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(영문) 인천지방법원 부천지원 2014.11.14 2014고단2270
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is practically operating a long-term care institution (in the name of a representative, her husband F) under the name of a “E Elderly” on the second or fourth floor of the Dall-si D Building in Bupyeong-si, Seoul Special Metropolitan City, and manages and supervises employees, such as care workers, social workers, etc. under its control.

The head of a long-term care institution shall provide a long-term care institution or a welfare facility for older persons aged 65 years or older or a person under 65 years of age with long-term care, with education, training, etc. to support their physical activities and to maintain and improve their physical and mental functions (hereinafter referred to as “facility benefits”), visit the beneficiary’s home to the care institution or a welfare facility for older persons, and make it difficult for the person who has been judged at Classes 1 through 3 of long-term care by the Need Assessment Committee to live alone for at least six months, as it is deemed difficult for him/her to lead a daily life on his/her own. Based on the above data, the head of a long-term care institution provides a long-term care facility or a welfare facility for older persons (hereinafter referred to as “beneficiary”) with long-term care benefits, such as support for physical and mental activities, care services, and bathing, and accordingly, shall enter the details thereof into the record book of long-term care benefits, and then, enter the elderly’s long-term care benefit portal site (hp/www/www/www/www.

The Defendant, as the victim, did not examine the details entered into the cost claim system for long-term care benefits, and paid the amount automatically calculated by automatically calculating the system as the cost for long-term care benefits. In addition, the criteria for placement of human resources due to vacancies among employees of the institution, such as a long-term care institution and a caregiver at the time of designation.

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