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(영문) 인천지방법원 2017.04.11 2016나64909

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. The Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) is a non-profit public-service corporation established for the purpose of contributing to the improvement of national health and the promotion of social security by providing citizens with insurance benefits for the prevention, diagnosis, medical treatment, and rehabilitation of diseases and injury, for childbirth and death, and for the improvement of health. Defendant B is the head of the branch office of Defendant C Corporation.

B. The Plaintiff is a person who opened and operated a D Hospital (Gu E Hospital) with a medical license.

C. On July 28, 2014, the Incheon Reinforcement Police Station notified the Defendant Corporation of the investigation results that it discovered “G Hospital” located in the Incheon Strengthening Military F (hereinafter “G Hospital”) as a violation of laws and regulations and detained and investigated the president, H, etc.

The prosecutor of the Incheon District Prosecutors' Office filed a prosecution against the plaintiff and H, etc. due to the violation of the Medical Service Act that the plaintiff transferred the above case from the Incheon Prosecutors' Office to the Incheon Prosecutors' Office to another police station, and the violation of the National Health Insurance Act that the plaintiff, in collusion with the plaintiff and H, had induced the homeless and forced them to be hospitalized in the G Hospital for a certain period of time, but the period of hospitalization was appropriate, and the plaintiff and H received the insurance benefits of the patients by deceiving the defendant Corporation as appropriate, claiming for the insurance benefits of the patients, and the violation of

On February 17, 2016, the Incheon District Court sentenced the Plaintiff not guilty of the violation of the Medical Service Act due to double establishment and operation of medical institutions, violation of the National Health Insurance Act, etc., and sentenced the Plaintiff not guilty of the charges alleged above, with respect to H who operated a G hospital, due to fraud of insurance benefits and fraudulent supply and demand, and violation of the National Health Insurance Act.

[2014 Gohap532, 849 (Joint), 941 (Joint), 2015 Gohap42 (Joint)] The above criminal case is currently in the appellate court.