A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The defendant is the representative director of K Co., Ltd. (hereinafter referred to as "K") who imports, manufactures, and sells drums, etc. for the purpose of welfare in Gwangju City J.

The National Health Insurance Corporation (hereinafter referred to as the "Corporation") shall, upon receipt of an application for determination of benefits for welfare programs eligible for long-term care benefits from a manufacturer or importer of welfare programs, calculate the actual cost of materials, external stock price, import cost, etc. that the manufacturer or importer of welfare programs paid by him/her to manufacture welfare programs based on his/her official cost, import cost, etc. and then publicly announce the determination of the estimated sale price of welfare programs on the application form for determination of benefits for welfare programs submitted to the Corporation, ② market research price which is the actual transaction price of the same or similar products investigated by the Corporation, ③ the cost of materials, external stock price, import cost, and evidence submitted by the former manufacturer or importer to the Corporation based on cost data, such as cost of materials, external stock price statement, import cost, and the statement of transactions, import declaration, etc. submitted by the Corporation based on the "Enforcement Rule of the Act on Contracts to which the State is a Party," and then publicly announce the selection and sale price of the products and health welfare programs, after consultation with the Service based on the lowest price calculated based on the average sales ratio of general retail.

On the other hand, a manufacturer of welfare aids who has received a decision on the payment of benefits shall sell welfare aids to an agency or a welfare aid establishment (hereinafter “place of business, etc.”). The place of business, etc. shall receive 85% of the notified price from the Service after selling the purchased welfare aids to the beneficiary, and shall receive 15% of the remaining 15% from the purchaser of welfare aids (the recipient’s partial payment).

Therefore, it is actually paid to the manufacturer or importer of welfare instruments so that the reasonable published price can be determined.