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(영문) 춘천지방법원 강릉지원 2019.05.03 2019고단132
사기
Text

Defendants shall be punished by imprisonment for eight months.

As to the Defendants, each of the above punishments shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is substantially operating a "D Care Center" in the building C and the fifth floor as a caregiver.

Defendant

B As a child of Defendant A, he/she shall work as a head of the facility at the above medical care center.

E, F, and G have worked or worked as a caregiver at the above medical center, and H shall work as a social worker at the above medical center.

Where the operator of a long-term sanatorium for older persons operates a facility because he/she falls short of the standards for placement of human resources, the National Health Insurance Corporation (hereinafter referred to as the "victim Corporation") shall reduce the expenses for benefits according to the vacant ratio, so the operator of the long-term sanatorium for older persons shall register the hours of actual service of employees when claiming expenses for benefits

Nevertheless, the Defendants ordered employees to enter working hours differently from the facts in the records of the provision of medical care benefits in order to prevent the reduction of the cost of benefits. Defendant A also made a false statement in the same manner, and accordingly, conspired to claim the upper limit of the cost of benefits as if the aforementioned medical care center was operated in compliance with the criteria for placement of human resources of victims.

Accordingly, the Defendants, around August 2014, obtained KRW 72,13,970 through 18 times from the damaged Corporation, as shown in the separate crime list, when the work hours of caregiver G is 54 hours per month and the work hours of caregiver E are 21 hours per month and when two care workers worked at the Corporation 160 hours per month, they did not apply the reduction rate of 25% by claiming expenses for victim benefits and received the difference of KRW 3,808,380 by claiming expenses for victim benefits, and acquired the difference of KRW 3,80 in the same manner from December 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the E, H, F, and G;

1. Copy of the statement made to I by the police;

1.The investigation report (to be accompanied by data submitted to the National Health Insurance Corporation), including data attached thereto;

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