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(영문) 의정부지방법원 고양지원 2017.06.22 2017고정480
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to a six-month suspended sentence of imprisonment for a violation of the Welfare of the Aged Act, etc. by the Jung-gu District Court, which became final and conclusive on February 1, 2017.

The defendant is the president of the "C Care Center", who is a welfare facility for the elderly in B at the time of strike.

From June 30, 2014, the Defendant: (a) from around June 30, 2014, operated the above C Medical Care Center; (b) from around 30, where the elderly admitted to a sanatorium under the Welfare of the Aged Act, there are not more than 30 persons; (c) one nurse (nive nurse) and one physician for medical care for the elderly admitted to the National Health Insurance Corporation; and (d) when there is a vacancy in the National Health Insurance Corporation, he/she should apply differently for the calculation rate of expenses for long-term care according to the vacancy rate when there is a vacancy in the office (nive guardian and nurse) but he/she is willing to claim 100% long-term medical care benefits as if there is no vacancy in the office by leasing a certificate of qualification for nursing nurse or falsely reporting the working hours

1. From November 1, 2015 to February 29, 2016, the Defendant: (a) provided that the Defendant would pay KRW 100,000 per month from D to February 2016, despite the absence of a nursing assistant who works for the said C medical care center; (b) provided that he/she would pay KRW 100,00 per month from D; and (c) provided a false report as if D had worked for the said C medical care center; and (d) provided a false request for long-term medical care benefits to the National Health Insurance Corporation by filing a false report as if D had worked for the said C medical care center; and (b) acquired the said benefits by fraud by receiving KRW 21,923,280, the sum of the long-term care benefits calculated based on the percentage of the absence of nursing assistant.

2. The Defendant filed a false claim for long-term medical care benefits with the National Health Insurance Corporation by filing a false report, if the Defendant had worked for less than two times a week from June 22, 2015 to September 30, 2015, at least 160 hours a week, while the Defendant worked for less than two times a week from September 22, 2015 to September 30, 2015.

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