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(영문) 수원지방법원 성남지원 2013.09.06 2013고단744
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person running a “D” as a long-term care institution in Gwangju City.

According to the Welfare of Older Persons Act and the Enforcement Rule of the same Act, the operators of long-term care institutions shall place employees in compliance with the criteria for accommodation of beneficiaries and the criteria for the placement of service personnel according to the number of beneficiaries admitted, and the amount of expenses for long-term care benefits is reduced on the basis of vacancies and unused working hours if there is a vacancy in the standards for placement of human resources or employees

According to the Enforcement Rules of the Welfare of Older Persons Act, the number of eligible recipients is nine, one and three caregivers per three inmates. However, after September 1, 2010, only two caregivers who fall short of the standards are placed and operated, and the cost of long-term care benefits is reduced by 30% according to the reduction criteria.

Accordingly, the Defendant claimed expenses for long-term care benefits as three caregivers worked and received them.

On October 5, 2010, the Defendant, using the aforementioned computers, entered the cost of long-term care insurance for the elderly at the Internet site of the National Health Insurance for the elderly on September 2010, as if the Defendant worked as three caregiver E and worked as three caregivers.

However, in fact, E did not have worked as a caregiver and only two caregivers worked on September 2010.

The Defendant, by deceiving the staff in charge of the National Health Insurance Corporation whose name is unknown as above, received an amount equivalent to KRW 10,092,228 under the pretext of expenses for long-term care benefits for the elderly at around that time, and received an unfair payment of the amount equivalent to KRW 30%,027,680, which is the reduction rate in accordance with the double standard, and acquired property benefits equivalent to the same amount.

In addition, from that time until April 2012, the Defendant is indicated in the annexed list of crimes.

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