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(영문) 의정부지방법원 고양지원 2016.08.11 2016고단125
노인장기요양보험법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of fifteen thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B, which is a long-term medical care institution under the Welfare of the Aged Act, and the defendant B is a corporation designated as a long-term medical care benefit institution that provides the recipient with the aid necessary for supporting the daily life and physical activities in the Dong-gu, Manyang-si.

2. Defendant A long-term medical care institutions shall not exempt or reduce the cost of home care and facility care benefits to be borne by beneficiaries for profit (hereinafter “child care institutions”).

Nevertheless, the defendant 2015

1. 9. In the office B of the said stock company, even though the Plaintiff sold 2,035,840 won to F, who is a recipient of long-term care benefits for profit-making purposes, such as changing the beneficiary’s daily life and physical activities, the Plaintiff was exempted from receiving the beneficiary’s partial charge of KRW 383,206, and the beneficiary’s partial charge was reduced or exempted from 6,803 times from January 29, 2014 to October 29, 2015, as indicated in the list of crimes in the separate sheet of crimes.

3. Defendant B, at the above date and place, had A, the representative director of the Defendant, committed the act of violating the above Paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. A written statement prepared in the I;

1. Application of the Acts and subordinate statutes to a written accusation, each reply material, and each investigation report;

1. Article 67(1)3 and Article 35(5) of the Long-Term Care Insurance Act ( comprehensively referred to as “the elderly person’s long-term Care Insurance Act”, and Defendant B: The main sentence of Article 68, Articles 67(1)3 and 35(5) ( comprehensively referred to as “the elderly person’s long-term Care Insurance Act”, and Articles 68(1)3 and 35(5) ( comprehensively referred to as “the elderly person’s long-term Care Insurance Act”);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B)

1. The scope of punishment by law;

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