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(영문) 서울북부지방법원 2016.06.16 2016고단491
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 19, 2010, the Defendant is a person who substantially operates “D”, a communal living home facility for older persons, which is a communal living home facility for older persons, located in C, at the time of the landing on or around August 19, 2010, and provides services to beneficiaries, and claims the benefits of each medical care insurer to the National Health Insurance Corporation in a lump sum.

When the Defendant filed a claim for medical care benefits with the Corporation, the Victim Corporation did not take any particular verification measures, such as a due diligence, and using the payment of benefits as the details of the claim using the fact that the nurse E did not work for 160 hours at the above medical care center, but reported a false fact as if the nurse E had worked normally at the above medical care center, thereby attempting to wrongfully acquire medical care benefits by means of avoiding the reduction ratio according to the percentage of vacancy in nurse.

On September 2011, the Defendant filed a claim for long-term care benefits by accessing the victim’s website using the computer at the above medical care center office and claiming for long-term care benefits by using the computer at around August 201, the Defendant filed a false report as if the nurse E worked a day and worked for at least 160 hours a month, despite the fact that the nurse E worked for at least once a week on August 201, and thereby, received the amount of KRW 7,416,00 for long-term care benefits to be actually paid from the victim on August 201, 201 where the reduction rate according to the nursing vacancy rate was not applied, and acquired the amount of KRW 2,224,740, the difference between the amount of the long-term care benefits to be actually paid and the amount of KRW 5,191,260.

In addition, from around that time to May 2014, the Defendant acquired the long-term care benefit costs of KRW 132,787,920 in total on 31 occasions, such as the list of crimes in attached Table from the victim Corporation by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F, G, and E;

1. Response following a request for cooperation with an investigation (related to a request made by a party);

1. The investigation report (the head of the facility and the H statement hearing report) 1.

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