A. Defendant A and C jointly share KRW 562,80,820 and their related thereto from December 17, 2008 to January 10, 2018.

The defendants establishing and operating medical institutions of the defendants are non-medical persons.

However, Defendant A and Defendant C conspired to purchase the “Evalescent Hospital” building in the Changwon-si, the “Evalescent Hospital” building in the Changwon-si, and to operate the hospital by Defendant C with the career of working as the head of the hospital secretariat, etc., and on November 21, 2007, the medical institution was established in the name of Non-Party F (hereinafter “instant hospital”) and operated until July 17, 2008. Defendant B, a student of Defendant A, participated in the operation of the instant hospital by raising funds from the mid-term police officer on March 2008.

Defendant A and B established and operated a medical institution after July 17, 2008 by establishing a consumer cooperative system.

The Defendants, as seen above, established the instant hospital and employed a doctor to conduct medical treatment for the patients; thereafter, the Defendants filed a claim for medical care benefit costs under the National Health Insurance Act with the Plaintiff; from November 21, 2007 to July 17, 2008, the Defendants received total of KRW 582,016,350 from the Plaintiff as medical care costs for the treatment performed at the instant hospital.

(1) Of the above money, the Defendants were indicted for committing the crime of establishing a medical institution and acquiring medical care benefit from the Plaintiff even though they are not medical personnel. On August 11, 2016, the Changwon District Court convicted Defendants of the violation of the Medical Service Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), sentenced Defendants A and C to two years of imprisonment, and sentenced Defendant B to three years of imprisonment ( Changwon District Court 2015Da165), and the above judgment became final and conclusive on February 16, 2017 through the appellate court (Seoul High Court 2016No289).

【Defendant A’s ground for recognition】