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(영문) 서울북부지방법원 2017.09.01 2017고합104
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From October 2009 to July 2016, the Defendant operated the said Foundation and the Medical Care Center as the respective representatives of the Social Welfare Foundation F Foundation in Daejeon-gu and the Long-term Medical Care Center established under the name of the said Corporation.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) provided long-term care services to the inmates by employing physical care specialists, recuperation care specialists, kitchens, etc. while operating the said G medical care center, and the National Health Insurance Corporation (hereinafter “victim Corporation”) claimed long-term care benefits in package to the victims of the National Health Insurance Corporation (hereinafter “victim”).

From July 2008, the victim Corporation provides beneficiaries who have difficulty in living a daily life through the long-term care insurance system for older persons or for reasons of elderly disease, etc. with facility (admission to a long-term care facility) and home care benefits to the operator of a long-term care institution. The long-term care institution provides long-term care benefits in accordance with the criteria, procedures, methods, etc. for providing long-term care benefits pursuant to Article 35 (Duties, etc. of Long-Term Care Institutions) of the Long-Term Care Insurance Act and requests long-term care benefits in accordance with Article 39 (Calculation of Long-Term Care Benefits and Facility Care Expenses) (3) of the Enforcement Rule of the same Act and Article 32 (Methods and Items of Calculating Long-Term Care Benefits and Facility Care Expenses) of the Enforcement Rule of the same Act.

Accordingly, an operator of a long-term medical care institution shall, if a long-term medical care institution claims expenses for all beneficiaries in proportion to the actual vacancy ratio of human resources, pay them after deducting expenses for benefits by reflecting the reduction rate of the victim's calculation. Therefore, when a vacancy occurs in the medical care care care care assistance officer, etc. different from the criteria for the placement of employees, the

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