A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant is a person who operates a “E-Medical Care Center” and “F Medical Care Center”, a long-term care institution located in Chungcheongnam-dong, Chungcheongnam-do.

Under the Welfare of Older Persons Act and the Enforcement Rule of the same Act, the operators of long-term care institutions shall assign employees in compliance with the criteria for accommodation of beneficiaries and the criteria for placement of service personnel for the number of beneficiaries admitted, and where any vacancy occurs in the criteria for placement of human resources or any employee fails to pay the service standard hours, they shall claim the reduction of the expenses for long-term care benefits based on the number of vacancies

Around June 201, 201, the number of beneficiaries admitted to the above E-Medical Care Center by the Defendant was 48, and therefore, 19 caregivers should be placed pursuant to the Enforcement Rule of the Welfare of Older Persons Act, which provides that 2.5 persons admitted. Around June 201, the Defendant is responsible for the placement and operation of 17 caregivers, and 15% of the expenses for long-term care benefits should be reduced and paid according to the “Publication on Expenses for Long-Term Care Benefits, etc.” but the Defendant was able to pay the expenses for long-term care benefits as 19 caregivers worked.

On July 7, 2011, the Defendant: (a) visited a social worker at the above E-Medical Center’s office; (b) accessed the elderly long-term care insurance website of the National Health Insurance Corporation, a victim, using a computer at its location; and (c) entered the cost of long-term care benefits for inmates G on June 2011, as if 19 care workers, including H, worked for them.

However, in fact, H is merely 17 care workers who work as a cook and worked as the above E-Medical Center.

As above, the Defendant, by deceiving the victim and deceiving the victim, is equivalent to KRW 27,209,940, which is not subject to the reduction rate of 15% under the above notification under the pretext of expenses for long-term care benefits for the elderly on June 2011.