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(영문) 서울고등법원 2017.09.14 2017누59101

과징금부과처분취소

Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Details of the disposition

The Plaintiff is a non-medical person registered as the chief director on the registry of a cooperative B (hereinafter “instant cooperative”) from March 18, 2013 to June 4, 2013.

around May 30, 2016, the Defendant: (a) committed a violation of the Medical Service Act in the purport that “C was elected as the president of the instant association on June 15, 2010, and established and operated a medical institution under the name of the instant association on October 1, 2010; and (b) paid KRW 200 million to C, the president of the instant association, from February 1, 2016 to March 18, 2016; and (c) was elected as the president of the instant association on March 18, 2016, and operated KRW D in cooperation with C by selecting C as a director.

Plaintiff and C from March 18, 2013 to the same year

6. Until March 2, 200, the Defendant received medical care benefit costs of KRW 26,89,430 by requiring the doctor employed by D to treat the patient and claiming the medical care benefit costs.

Accordingly, the plaintiff and C filed a claim for medical care benefit costs by pretending the medical institution lawfully established, and the defendant received the medical care benefit costs of the above KRW 26,89,430 from the defendant.

"The plaintiff was notified of the suspicion of fraud."

On June 13, 2016, the Defendant issued a notice to the Plaintiff on May 21, 2013 regarding the establishment and operation of D Council members of D Council (the period subject to exchange: from March 18, 2013 to March 31, 2013; the number of redemption cases: 381 items; the payment method: the payment method: the payment method; the payment method; the payment method; and the payment method paid after May 22, 2013. 31,396,00 won (the period subject to exchange: the number of redemption from April 1, 2013 to June 3, 2013; 3,971 items) of the medical care benefit cost paid after May 22, 2013.

On July 4, 2016, the Defendant sent to the Plaintiff a notice of the redemption decision regarding the above KRW 31,396,000 (the Defendant’s shares KRW 23,596,750 and co-payment KRW 7,79,250), and the said notice shall be given.

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