A. Defendant A, who established and operated the C convalescent Hospital of the Defendants, is not a medical person, and cannot be a medical institution. However, he/she had the intent to open a convalescent hospital in the building in which himself/herself and E own share of 50% from June 12, 2007 to January 2, 2008, and established and operated the C convalescent hospital in the name of “C convalescent hospital (hereinafter “C convalescent hospital”)” in the name of doctor from around June 12, 2007.

In addition, Defendant B contributed to the operation of the hospital and the increase of profits by participating in the financial management, fund execution, etc. of the above hospital as the chief of the general affairs office from June 12, 2007 to January 2, 2008.

B. The Defendants who received medical care benefits from the Plaintiff employed a doctor from June 12, 2007 to January 2, 2008, and let many unspecified patients perform medical care. In relation to such medical care, the Defendants filed a claim against the Plaintiff for totaling KRW 272,675,520 in the National Health Insurance Act, and the Plaintiff paid the Defendants totaling KRW 249,929,330 in relation to the above medical care.

C. At around 2015, the Defendants conspired to establish and operate the instant hospital without the qualification of medical personnel, and were indicted to the Incheon District Court for violation of the Medical Service Act, including the fact that the instant hospital was established and operated. 2) The Defendants were sentenced to imprisonment with prison labor for each of the above criminal facts, including violation of the Medical Service Act in the Incheon District Court (2015Gohap170, 349, 2016) on March 23, 2016; and the Seoul High Court (2016No989, Jul. 19, 2016) on July 19, 2016, sentenced Defendant A to three years of imprisonment with prison labor; Defendant B was sentenced to suspended execution for two years and six years of imprisonment with prison labor; and the above judgment became final and conclusive on July 27, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and Eul.