Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the general representative director of the D's Welfare Hall (D's Medical Care Center, D's Medical Care Center, D's Medical Care Center, and D's Association).

According to the Welfare of Older Persons Act and the Enforcement Rule of the same Act, the operator of a long-term care institution shall place employees in compliance with the criteria for accommodation of beneficiaries and the criteria for the placement of human resources according to the number of beneficiaries admitted to the institution, and if a vacancy occurs in the standards for placement of human resources or an employee fails to collect 160 hours per month, the amount of long-term care benefit costs shall be reduced by 30% based on the number of vacancies and unused hours.

Nevertheless, the Defendant, while operating the D Medical Care Center, committed a false charge of expenses for long-term care benefits, entered the amount of expenses as if the Defendant worked for 160 hours or more at designated working hours, even though the Defendant did not meet the designated working hours of 160 hours, by using a computer at the D Care Center located in Pyeongtaek-si, and claiming expenses for long-term care benefits by accessing the victim’s home site of the National Health Insurance Corporation’s long-term care insurance for the elderly at the victim’s location in Pyeongtaek-si. On November 5, 2013 and January 5, 2014.

As such, by deceiving a staff member in charge of a victim whose name is unknown, he/she received from the said staff member the amount of KRW 31.516,850 on November 25, 2013, and KRW 26,85,520 on January 25, 2014, respectively, for the expenses for long-term care benefits of the elderly from the said staff member, and received KRW 30% of the premium rate of KRW 9,45,055,055 and KRW 8,056,656 on two occasions in accordance with the above criteria, and received the amount of KRW 17,51,711 on two occasions and received the amount of long-term care benefits of KRW 17,51,71.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the spot survey report and the calculation table of the amount unfairly earned at the D Medical Care Center;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;