In a case where Defendants 9, 10, 11, 12, 13, 14, 15, and 16 did not pay each of the above fines, the above Defendants shall be confined in the workhouse for the period calculated by converting the total amount of KRW 100,000 per day into one day.

However, with respect to defendants 3, 7, and 4, the execution of each of the above punishment shall be suspended for three years from the date of the final judgment of each of these judgments, for two years from the date of the final judgment of each of these judgments, and for defendants 5, 6, and 8.

1. The status of the nine hospitals and the defendants 3, 4, 9, 10 (the head of a hospital above), and the defendants 5, 6, 7, 11, 12, 13, 14, and 15 (the head of a hospital above)

A. From October 2002 to May 31, 2008, the Yeonsu-gu Incheon Metropolitan City Hospital opened a hospital specializing in spine with 141 patient numbers and from August 9, 2006, Defendant 3’s wife from August 10, 2006 to September 7, 2010, and Defendant 9 was working as the head of the hospital after September 8, 2010. Defendant 7 was working as the head of the hospital from November 25, 2002 to May 31, 2008; Defendant 11 was in charge of administrative affairs from June 1, 2008 to December 31, 2009 (the head of the planning office from June 1, 2008 to December 31, 2009).

B. On August 10, 2006, Yoo-dong Hospital was established by Defendant 3 as a special hospital in the field of government-managed spine with 160 sickbedss in Yangcheon-gu Seoul ( Address 2 omitted) and held office as the head of the hospital, and Defendant 5 as the head of the planning office who exercises overall control over administrative affairs from around August 10, 2006.

C. On September 8, 2010, the Gangseo-gu Hospital established by Defendant 4 as a general hospital in the Gangseo-gu Seoul Metropolitan Government ( Address 3 omitted) with a total of 120 patient numbers, spine, internal department, and a specialized hospital in the field of the hospital, and Defendant 13 as the head of the hospital, and as the head of the planning office exercising overall control over administrative affairs on and after May 1, 201.

D. A medical corporation, from around June 10, 208 to around October 10, 2008, Defendant 3 established a hospital with 172 sickbeds number of beds and from around August 31, 2012, Defendant 3 was in office as the president and the head of the hospital from around September 1, 2012 to around August 31, 2013. Defendant 10 was in office as the president and the head of the administrative office from around 00 to around 009, and Nonindicted 5 was in office as the head of the planning office from around 2009 to around 00, and from around 2009 to around 10, the head of the administrative office in charge of the planning and administration of the hospital from around 10, 209 to around 10, 2010, and Nonindicted 6 was in office as the head of the planning and administration office from around 10, 2010 to around 208.

E. Around November 1, 2009, Defendant 3 opened a hospital in Dobong-gu Seoul ( Address 5 omitted) with a size of 185 sickbeds and a specialized hospital from around August 31, 2012, and Nonindicted 4, his/her birth, was in office as the president from around September 1, 2012. Nonindicted 73 was in office as the head of the hospital from around November 1, 2009 to October 31, 2013 (from November 1, 2013, Nonindicted 4 was in office as the head of the hospital) and Defendant 14 was in office as the head of the planning office after exercising overall control over the administrative affairs around November 16, 2012.

F. Around June 10, 201, Defendant 10 was established as a hospital in the Eunpyeong-gu Seoul ( Address 6 omitted) with a total of 124 patient numbers, and the head of the hospital, and Defendant 15 was employed as the head of the planning office who exercises overall control over administrative affairs from June 16, 201, respectively.

G. around June 2, 1998, the △△△△△ Hospital established Nonindicted 3 (the indictment of detention on June 9, 2014) as a specialized hospital in the field of spine management in the area of 299 sickbedss at the Nam-gu, Incheon (the address 7 omitted) and held office as the head of the hospital and Nonindicted 9 (the indictment of non-detained on June 9, 2014) as the head of the general secretary in charge of administrative affairs on or after September 3, 2007, respectively, and Nonindicted 10 (the indictment of non-detained on June 9, 2014) was in office as the senior secretary in charge of administrative affairs. < Amended by Presidential Decree No. 20720, Apr. 20, 2008; Presidential Decree No. 25320, Jan. 2, 2014>

H. around February 23, 2011, △△ Hospital established as a specialized hospital in the area of rehabilitation in the area of 124 patient numbers in the city of Gangwon-si ( Address 8 omitted) around February 23, 201 by Nonindicted 11 (the indictment of non-detained on June 9, 201) and held office as a management director who exercises overall control over administrative affairs after February 23, 201 as the head of the hospital, and Nonindicted 12 (the indictment of non-detained on June 9, 2014) who is the punishment of the said Nonindicted 11, as the head of the hospital.

(i) around November 15, 2010, Nonindicted 13 (the indictment of non-detained on June 9, 2014) opened a hospital specializing in the external field, such as invertebrates and pipes of 121 sickbeds, at the Gyeonggi-si ( Address 9 omitted) and up to now, the president, and Nonindicted 14 (the indictment of non-detained on June 9, 201) from November 15, 201 to January 201, respectively are the general secretary in charge of administrative affairs; the director in charge of fund management after February 201, 201; and the director in charge of the financial service contract for patients.

2. Status of Defendant 1, Defendant 2, Defendant 8, and Defendant 16, who are the employees of the entrusted meal service company, ○○ Riart and its employees;

Of the FS (FOD SVE) business division, ○○○○○○○ (hereinafter referred to as “○○ cooking”) business division has the FS development team in charge of marketing, new consignment contract orders, and hospital operation team in charge of post management, recontract, profit and loss management, etc. from March 2, 2007 to January 31, 2008. Defendant 1 is the head of the FS Operation Headquarters from February 1, 2008 to October 26, 2008; from October 27, 2008 to December 15, 2008 to the head of the group meal service contract; from October 15, 2008 to the head of the group from October 16, 2008 to the head of the group food service business division from October 27, 2008 to the head of the group from December 10, 2009 to the head of the group from October 10 to 16, 2015.

The above hospital operation team was employed by Defendant 8 from October 12, 2004 to February 1, 2008, and Nonindicted 15 from February 2, 2008 to July 31, 2009, and Defendant 2 served as the head of the hospital operation team after August 1, 2009, respectively, as the successor of the above Nonindicted 15, and Defendant 16 served as the sub-head of the hospital operation team from July 16, 2010 to September 2, 2013.

3. Requirements for the payment of additional dues for meals for patients, food insurance benefits, dietitians, cooks, and selective group surcharges;

From June 1, 2006, in order to reduce the economic burden of patients and enhance the quality of meals by partially bearing the meals of the patients of the hospital that has been fully borne by the patient at the Health Insurance Corporation, Article 29(2), Article 42(1) and (2), Article 24(7) of the National Health Insurance Act, Article 24(1) and (2) of the Enforcement Decree of the National Health Insurance Act, and Article 8 of the Regulations on the Standards for Insurance Benefits for National Health Insurance (Ordinance of the Ministry of Health and Welfare) of the Ministry of Health and Welfare (Ordinance of the Ministry of Health and Welfare) was amended by the Ministry of Health and Welfare as stipulated in Article 206-3 of the Ministry of Health and Welfare, "the act of health insurance and its relative value" was newly established in the second act's list, commercial value check and calculation guidelines. In addition, at least 200 patients were newly established in the past, and at least 300 general food patients and at least 20 % of the above additional food insurance benefits were selected by the above 20-day.

The term "affiliated" of the above notice is not formally referred to as the conclusion of an employment contract, but it is determined according to whether a person is actually employed by a medical care institution and under the direction and supervision of a medical care institution.

【Criminal Facts】

1. Frauds by Defendant 3, Defendant 4, Defendant 9, Defendant 7, Defendant 11, Defendant 12, Defendant 1, Defendant 8, and Defendant 2 (related to the fraud, etc. of insurance benefits by patients in the Indolsan Hospital)

On May 2006, Defendant 7, who was delegated by Defendant 3, negotiated the terms and conditions of the contract on the operation of the hospital premises with Nonindicted 16, the team leader of the hospital operation team at the ○○○○○○○○○○○ Group, which was instructed by Defendant 8, to which Defendant 8 belongs, agreed that the hospital’s personnel expenses incurred by registering dieticians, cooks, and cooks under the hospital shall be paid by means of management and maintenance expenses on the charge of the ○○○○○○○○○ Group, which was in fact subsidized by Defendant 8, in the form of a hospital, on the terms and conditions of the contract on the operation of the hospital premises.

Defendant 4, who succeeded to the establishment of the hospital around August 10, 2006, Defendant 11 and Defendant 12, who succeeded to the establishment of the hospital from Defendant 4 on or around September 8, 2010, succeeded to the establishment of the hospital from Defendant 4 on or around June 1, 2008, Defendant 12, who succeeded to the establishment of the planning office on or around January 1, 2010, continued to maintain the above contractual relationship with the dietitians listed in the form of the hospital and the tax invoice issued based on the aggregate amount of the cook’s salary to the hospital through the accounting division belonging to the planning office and accounting division belonging to the hospital, and then transferred the tax invoice issued based on the total amount of the cook’s salary to the hospital.

Meanwhile, Defendant 1, who started to serve as the FS Operation Headquarters from March 2, 2007 to February 1, 2008, was well aware of the circumstances that Defendant 1, Defendant 8, and Defendant 2, who had served from July 31, 2009, continued to maintain and manage the said arrangements through Defendant 1, Defendant 8, and Defendant 2, who had served thereafter, did not meet the requirements for the supply and demand of dietitian additional dues, cook additional dues, and selective group additional dues.

Furthermore, in order to smoothly maintain the above contractual relationship, Defendant 1, Defendant 8, and Defendant 2 had the head of the point of view, who is a dietitian belonging to ○○○○○○○○, through Nonindicted 16, Nonindicted 2, and Nonindicted 18, the team leader of the hospital operation team, the head of the hospital operation team affiliated with ○○○○○○○○○○○○○○, identify the personnel expenses incurred in the dietitians and cooks listed under the hospital’s control in the form of the hospital,

Accordingly, the Defendants: (a) as seen above, the dietitians and cooks registered under the hospital belong to the hospital only in the form of the hospital; (b) the actual personnel expenses are paid at the expense of ○○ cook, a commission company, for the management and maintenance expenses; and (c) although the above dietitians and cooks were not in fact to assist the duties of the store located under the ○○○ cook, the above dietitians and cooks are directly employed at the hospital, and the above dietitians are actually responsible for additional expenses, such as personnel expenses incurred therefrom; and (d) as the above dietitians and cooks are actually employed by the hospital and are under the direction and supervision of the hospital, they are recruited in order to receive additional charges for dietitians, additional charges, and selective charges from the victims and patients of the National Health Insurance Service notified of the results by submitting a report on the current status of the operation of the in-patient to

피고인 3, 피고인 7은 2006. 6.경 위 인천□□병원에서, 사실은 위와 같이 병원 소속으로 등재된 영양사, 조리사가 형식상으로만 병원에 속한 것에 불과하여 입원환자 식대 보험급여 중 영양사 가산금, 조리사 가산금 및 선택식단 가산금을 지급받을 수 없음에도, 보험급여 청구를 담당하는 인천□□병원 소속 심사과 담당 직원으로 하여금 피고인 3 명의로 건강보험심사평가원에 영양사 가산금, 조리사 가산금 및 선택식단 가산금을 청구하여 이에 속은 피해자 국민건강보험공단으로부터 2006. 6.분 가산금 합계 9,099,830원을 교부받고, 피해자인 위 병원 구내식당 이용 환자들로부터 가산금에 대한 환자 자기부담금 합계 9,099,830원을 교부받은 것을 비롯하여, 피고인들은 그 때부터 2012. 10.경까지 피해자들로부터 별지 범죄일람표 1 기재와 같이 합계 960,872,910원(피해자 국민건강보험공단 480,436,630원, 피해자 진료환자 480,436,280원)을 교부받았다{단, 피고인 1은 2007. 3.경부터 2011. 4.경 및 2011. 11.경부터 2012. 10.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 10번부터 59번 및 순번 66번부터 77번 기재와 같이 합계 762,390,070원(피해자 국민건강보험공단 381,195,180원, 피해자 진료환자 381,194,890원), 피고인 8은 2006. 6.경부터 2008. 1.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 1번부터 20번 기재와 같이 합계 315,731,870원(피해자 국민건강보험공단 157,865,970원, 피해자 진료환자 157,865,900원), 피고인 2는 2009. 8.경부터 2012. 10.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 39번부터 77번 기재와 같이 합계 411,354,400원(피해자 국민건강보험공단 205,677,300원, 피해자 진료환자 205,677,100원), 피고인 3은 2006. 6.경부터 2006. 7.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 1번부터 2번 기재와 같이 합계 32,242,690원(피해자 국민건강보험공단 16,121,350원, 피해자 진료환자 16,121,340원), 피고인 4는 2006. 8.경부터 2010. 8.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 3번부터 51번 기재와 같이 합계 661,461,950원(피해자 국민건강보험공단 330,731,080원, 피해자 진료환자 330,730,870원), 피고인 9는 2010. 9.경부터 2012. 10.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 52번부터 77번 기재와 같이 합계 267,168,270원(피해자 국민건강보험공단 133,584,200원, 피해자 진료환자 133,584,070원), 피고인 7은 2006. 6.경부터 2008. 5.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 1번부터 24번 기재와 같이 합계 377,458,410원(피해자 국민건강보험공단 188,729,250원, 피해자 진료환자 188,729,160원), 피고인 11은 2008. 6. 1.경부터 2009. 12. 31.경까지 별지 범죄일람표 1 기재 중 순번 25번부터 43번 기재와 같이 합계 226,229,890원(피해자 국민건강보험공단 113,114,990원, 피해자 진료환자 113,114,900원), 피고인 12는 2010. 1.경부터 2012. 10.경에 이르기까지 별지 범죄일람표 1 기재 중 순번 44번부터 77번 기재와 같이 합계 357,184,610원(피해자 국민건강보험공단 178,592,390원, 피해자 진료환자 178,592,220원)에 한한다}.

As a result, the Defendants were informed of the victims and received property.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud by Defendant 3 and Defendant 5, and fraud by Defendant 1, Defendant 8, and Defendant 2 (related to the fraud, etc. of food insurance benefits by patients in a wooden hospital in

Defendant 5 delegated by Defendant 3, around August 2006, consulted on the terms and conditions of an entrustment contract on the operation of a hospital's premises at a wooden hospital located in Yangcheon-gu Seoul Metropolitan Government ( Address 2 omitted), and against Nonindicted 16, the head of the team of the team of the operation team of the ○○○○○○○ Hospital in receipt of Defendant 8's instructions, Defendant 5 agreed to provide a dietitian, a cook, and a cook in the form of a hospital, who are necessary for receiving a dietitian's additional dues, a cook's additional dues, and a selective group additional dues among the in-patient's insurance benefits, and the personnel expenses incurred in the hospital due to registering a dietitian, a cook, a cook, and a cook registered in the form of the hospital under the control of the hospital, in fact, to assist the meal service affairs of the ○○○○○ Hospital in fact.

Defendant 3 and Defendant 5 continued to maintain the above contractual relationship in order to obtain a dietitian's additional dues, cooking, and selective group additional dues through the use of management and maintenance expenses, by transferring a tax invoice issued based on the total sum of the dietitians and cooks' wages recorded in the form of each hospital under the control of each hospital through accounting division belonging to the hospital, to the head of the point, who is a dietitian belonging to the ○○○ Group, dispatched to the hospital, and receiving bypass the wages of the above dietitians and cooks from ○○ Group.

Meanwhile, Defendant 1, who started to serve as the FS Operation Headquarters from March 2, 2007 to February 1, 2008, was well aware of the circumstances that Defendant 1, Defendant 8, Defendant 8, and Defendant 2, who had served from July 31, 2009, continued to maintain and manage the above agreement through Defendant 2, who had served as the head of the FS Operation Headquarters, and Defendant 1, Defendant 1, Defendant 8, and Defendant 2, even though they failed to meet the above requirements for receiving the dice additional dues, cooking additional dues, and selective group additional dues.

In addition, in order to maintain the above contractual relationship smoothly, Defendant 1, Defendant 8, and Defendant 2 had the head of the point of view, who is a dietitian belonging to ○○○○○○○○○○○○○, through Nonindicted 16, Nonindicted 2, and Nonindicted 18, identify the personnel expenses incurred in the dietitians and cookss registered under the jurisdiction of the hospital and executed them from the ○○○○○○○○○○○○

As a result, the Defendants: dietitians and cooks registered under the hospital belong to a hospital only in the form of form; actual personnel expenses are paid at the expense of ○○○○, a commission company, for the management and maintenance expenses; while the above dietitians and cooks were not in fact to assist the duties of the shop to which the above dietitians belong; however, the above dietitians and cooks are directly employed at the hospital and are actually responsible for additional expenses, such as personnel expenses incurred therefrom; and as the above dietitians and cooks are actually employed by the hospital and are under the direction and supervision of the hospital, the above dietitians and cooks are actually under the command and supervision of the hospital, the Defendants made a request for additional dues of dietitians, additional dues, and selective group by submitting a report on the current status of the operation of in-patients to the Health Insurance Review and Assessment Service, and subsequently recruited in order to receive from the victims

Defendant 3 and Defendant 5 are merely listed in the above wooden hospital around August 2006, the National Health Insurance Corporation of 2000 and the cook under the hospital, and they cannot receive additional dues, additional dues, and selective group from among the food insurance benefits. Defendant 2 and employees in charge of the examination and treatment of Dogdong Hospital of 3, and claim additional dues from the National Health Insurance Corporation of 2,454,070 won in total from 2,457. 7. 8, 207, 36, 47, 97, 207, 47, 97, 207, 47, 207, 196, 207, 30, 47, 196, 207, 47, 196, 207, 306, 47, 207, 197, 207, 305, 201.

As a result, the Defendants were informed of the victims and received property.

3. Fraud by Defendant 4, Defendant 13, Defendant 1, and Defendant 2 (related to defraudation of food insurance benefits, etc. by patients in Seocho-gu Hospital);

around September 2010, Defendant 4 negotiated terms and conditions of a consignment contract on the operation of a restaurant within the above hospital against Nonindicted 16 and a contracting officer of the Gangseo-gu Seoul Metropolitan Government ( Address 3 omitted), which was instructed by Defendant 1, Defendant 2, and Defendant 2, at the Gangseo-gu Hospital, and agreed to provide a dietitian, cook, and cook in the form of a hospital, who are necessary to receive a dietitian's additional dues, cook's additional dues, and selective group additional dues among the food insurance benefits, and the personnel expenses incurred in the hospital by registering a dietitian, cook, etc. under the hospital under the control of the hospital, shall be borne by the ○○○ cooking, rather than the burden of the hospital, and a dietitian registered under the control of the hospital, and a cook actually agreed to assist the meal service affairs of the ○○○ Seo-gu Hospital.

Defendant 4 and Defendant 13 continued to maintain the above contractual relationship in order to obtain the dietitian's additional dues, cook's additional dues, and selective group additional dues, by giving them a tax invoice issued based on the aggregate amount of the wages of dietitians and cooks listed in the form of each hospital under the control of each hospital through accounting division belonging to the hospital, to the head of the point, who is a dietitian belonging to the ○○○○ Group, dispatched to the hospital, and receiving bypass the wages of the above dietitians and cooks under the pretext of management and maintenance expenses.

Furthermore, in the case of Nonindicted 19, who was employed as a cook of the above hospital from March 1, 2012 to April of the same month from March 4, 2012, Defendant 13 was well aware that, for the above period, Defendant 13 was not full-time in the actual restaurant of the hospital during the above period, but only in the form of a license loan to obtain a cooking surcharge, and thus, Defendant 13 was not able to file a

On the other hand, in order to smoothly maintain the above contractual relationship, Defendant 1 and Defendant 2 had the head of the point, who is a dietitian belonging to the ○○○○○○○○○○○○○○○○○○○○○ through Nonindicted 16, Nonindicted 2, and Nonindicted 18, the head of the team leader of the hospital operation team affiliated with the said ○○○○○○○○○○○○○○○○○○○○○○○○○○○, identify

As a result, the Defendants: dietitians and cooks registered under the hospital belong to the hospital only in the form, and in fact, the personnel expenses are paid at the expense of ○○ cooking, a commission company, as the expenses for management and maintenance, and even though the above dietitians and cooks were not to actually assist the duties of the store located under the 00 cooking, they are actually responsible for additional expenses, such as personnel expenses incurred by employing the above dietitians and cooks directly at the hospital. Furthermore, as the above dietitians and cooks were actually employed by the hospital and under the command and supervision of the hospital, they were under the command and supervision of the hospital. Furthermore, from March 1, 2012 to April of the same month, Defendant 13 submitted a written notification of the current status of the operation of the in-patients to the Health Insurance Review and Assessment Service, as if they were ordinarily employed as cooks even though Nonindicted 19 did not actually work as cooks, Defendant 13 conspired to receive additional dues, additional dues and selection formula from the victims and patients of the National Health Insurance Corporation and victims notified of the result.

Defendant 4 and Defendant 13 are limited to the Gangseo-gu Hospital located in Gangseo-gu, Seoul around September 2010, and the facts are merely those registered only in the form of dietitians and cookss under the hospital. From March 1, 2012 to April 4, 201, Nonindicted Party 19 is not entitled to additional charges for dietitians, cooking charges, and selective group out of the paid-in-patient insurance benefits. However, the examination and staff of Gangseo-gu Hospital in charge of the claim for insurance benefits filed a claim for additional charges for dietitians, additional charges, and selective group No. 381,60 won in total from around 205 to 381,60 won in the National Health Insurance Corporation, 200 won in total from around 15 to 250, 160 won in the victim's list No. 1065, 281,590 won in the victim's list from around 16, 2010 to 1948.

As a result, the Defendants were informed of the victims and received property.

4. The fraud of Defendant 3, Defendant 10, Defendant 7, Defendant 6, Defendant 1, and Defendant 2 (related to the fraud, etc. of food insurance benefits by patients in the Bupyeong-gu Hospital);

On May 28, 2008, Defendant 7, upon the delegation of Defendant 3 and Defendant 10, agreed to consult with the planning room of Bupyeong-gu Hospital in Bupyeong-gu Incheon Metropolitan City ( Address 4 omitted), the head of the small team team, Nonindicted 16, and the contracting officer of the FS Development Team, who received orders from Defendant 1 and Nonindicted 15, with regard to the terms and conditions of the entrustment contract on the operation of the restaurant in the above hospital, and to receive the dietitian's additional charges, additional charges, cooks, and selective group additional charges from the out-of-patient's insurance benefits in the form of the hospital, and the personnel expenses incurred in the hospital by registering a dietitian, cook, etc. under the control of the hospital are to be paid bypass as expenses for the management and maintenance, and the dietitian's meal service at the ○○○○○ Hospital in fact, and the cook's meal service at the ○○○○○ Hospital in fact.

From March 1, 2009, Defendant 6, in charge of the planning room from around March 1, 2009, continued to maintain the above contractual relationship in order to obtain the wages of dietitians, additional charges for cooks, and selective group, by taking over a tax invoice issued on the basis of the sum of the dietitians under the control of the hospital and the amount of the cook's wages to the head of the point where the hospital is dispatched to the hospital through the accounting division belonging to the planning room, and then receiving the wages of dietitians and cooks registered under the control of the hospital under the name of the management and maintenance cost.

Meanwhile, Defendant 2, who served as the head of ○○○○○○ Hospital Operation Team from August 1, 2009, continued to maintain and manage the above agreement, following Nonindicted 15, was well aware of the fact that Defendant 1 and Defendant 2 obtained additional dues, even though they failed to meet the requirements for receiving additional dues for dietitians, additional dues, and selective group surcharges.

Furthermore, in order to smoothly maintain the above contractual relationship, Defendant 1 and Defendant 2 had the head of the point of view, who is a dietitian belonging to ○○○○○○○○, through Nonindicted 16, Nonindicted 2, and Nonindicted 18, the team leader of the hospital operation team affiliated with the ○○○○○○○○○○○○○○○○○○○○○○○, identify the personnel expenses incurred in the dietitians and cookss recorded under the hospital’s jurisdiction and executed them

As a result, the Defendants: dietitians and cooks registered under the hospital belong to a hospital only in the form of form; actual personnel expenses are paid at the expense of ○○○○, a commission company, for the management and maintenance expenses; while the above dietitians and cooks were not in fact to assist the duties of the shop to which the above dietitians belong; however, the above dietitians and cooks are directly employed at the hospital and are actually responsible for additional expenses, such as personnel expenses incurred therefrom; and as the above dietitians and cooks are actually employed by the hospital and are under the direction and supervision of the hospital, the above dietitians and cooks are actually under the command and supervision of the hospital, the Defendants made a request for additional dues of dietitians, additional dues, and selective group by submitting a report on the current status of the operation of in-patients to the Health Insurance Review and Assessment Service, and subsequently recruited in order to receive from the victims

Defendant 3, 10 and 7. From around 208 to around 2008, the National Health Insurance Corporation No. 200 to KRW 20, KRW 208, KRW 208, KRW 30, KRW 25, KRW 20, KRW 40, KRW 96, KRW 20, KRW 20, KRW 96, KRW 206, KRW 20, KRW 96, KRW 206, KRW 30, KRW 286, KRW 40, KRW 96, KRW 20, KRW 96, KRW 20, KRW 206, KRW 30, KRW 96, KRW 20, KRW 206, KRW 96, KRW 20, KRW 96, KRW 306, KRW 40, KRW 96, KRW 20, and KRW 94, KRW 20, KRW 305, KRW 29, KRW 305, etc.

As a result, the Defendants were informed of the victims and received property.

5. Frauds by Defendants 3, 14, 1, and 2 (related to defraudation of food insurance benefits, etc. by patients in Gangnam-gu Hospital);

On September 15, 2009, Defendant 14 delegated by Defendant 3, the president of the hospital, and Nonindicted 73 agreed that Defendant 14, on September 14, 2009, upon the direction of Defendant 1, Nonindicted 16 of the small team leader, and the contracting officer of the FS Development Team who received orders from Defendant 1, Defendant 2, and Defendant 2, shall consult on the terms of the entrustment agreement on the operation of the restaurant in the hospital’s premises, and shall have a dietitian, a cook, a cook, and a cook as necessary for receiving the addition of dietitians, additional dues, and selective group out of the in-patient’s insurance benefits, and the personnel expenses incurred in the hospital due to registering a dietitian, a cook, and a cook under the hospital’s jurisdiction shall be paid bypass for the maintenance and management expenses, and a dietitian and a cook registered under the name of the hospital, actually agreed to assist the meal services of the 000 Riri and the Gangnambuk Hospital in the school in fact.

On September 1, 2012, Defendant 3, Defendant 14, and Nonindicted 4 succeeded to the seat of the president of the hospital, through accounting division in the planning room of the hospital, transferred a tax invoice issued based on the sum of the dietitians registered under the jurisdiction of the hospital and the amount of the cook's salary to the head of the ○○○ Group dispatched to the hospital, and continued to maintain the above contractual relationship in order to obtain the aforementioned money by bypassing the wages of dietitians and cooks registered under the jurisdiction of the hospital under the name of the management and maintenance cost, by receiving the wages of dietitians and cooks registered under the name of the hospital.

On the other hand, in order to maintain the above contractual relationship smoothly, Defendant 1 and Defendant 2 had the head of the point, who is a dietitian belonging to the ○○○○○○○○○○○○○○○○○○○○○○○ through Nonindicted 16, Nonindicted 2, and Nonindicted 18, who belongs to the said hospital operation team, identify the personnel expenses incurred in the dietitians and cooks under the control of the hospital and execute them from the ○○○○○○○○

As a result, the Defendants: dietitians and cooks registered under the hospital belong to a hospital only in the form of form; actual personnel expenses are paid at the expense of ○○○○, a commission company, for the management and maintenance expenses; while the above dietitians and cooks were not in fact to assist the duties of the shop to which the above dietitians belong; however, the above dietitians and cooks are directly employed at the hospital and are actually responsible for additional expenses, such as personnel expenses incurred therefrom; and as the above dietitians and cooks are actually employed by the hospital and are under the direction and supervision of the hospital, the above dietitians and cooks are actually under the command and supervision of the hospital, the Defendants made a request for additional dues of dietitians, additional dues, and selective group by submitting a report on the current status of the operation of in-patients to the Health Insurance Review and Assessment Service, and subsequently recruited in order to receive from the victims

Defendant 3 and Defendant 14 are merely registered with dietitians and cooks in the form as above from around November 209 to around 1, 209, and they cannot receive additional charges, additional charges, and selective charges from among the out-of-patient insurance benefits. Defendant 2 and employees in charge of the examination and examination of Gangseobuk Hospital in charge of claiming insurance benefits in the name of Defendant 3, the sum of additional charges, KRW 1,098,030 on November 1, 209 from the National Health Insurance Corporation, KRW 1,098,030, KRW 1,098,020 on the aggregate of KRW 1,098, KRW 208, KRW 200 on the aggregate of the patient's own charges from around 209 to October 1, 2012, the Defendants were issued KRW 208, KRW 47,2424, KRW 1204, KRW 201, KRW 16,215,2016.

As a result, the Defendants were informed of the victims and received property.

6. Fraud by Defendant 10, Defendant 15, Defendant 1, and Defendant 2 (related to defraudation of food insurance benefits, etc. by patients in the Eunpyeong-gu Hospital in Eunpyeong-gu);

On May 2, 201, Defendant 15 delegated by Defendant 10, at the Eunpyeong-gu Seoul Metropolitan Government Planning Office ( Address 6 omitted) planning office, the head of the Eunpyeong-gu Hospital Planning Office, Defendant 2 and the contracting officer of the FS Development Team, under the direction of Defendant 1, shall negotiate on the terms and conditions of the entrustment contract on the operation of the restaurant within the above hospital, and shall be placed under the hospital in the form of a dietitian, a cook, and a cook necessary for receiving the surcharges, surcharges, cooking surcharges, and selective group surcharges from among the food insurance benefits of in-patients, and the personnel expenses incurred in the hospital due to registering a dietitian, a cook, and a cook under the jurisdiction of the hospital shall be paid bypassing the expenses for the management and maintenance of the hospital, and a dietitian registered in the form under the jurisdiction of the hospital, and a cook actually agreed to assist the meal services of the ○○○ Hospital in fact.

Defendant 10 and Defendant 15 continued to maintain the above contractual relationship with a view to obtaining the aforementioned dietitian's additional dues, cooking additional dues, and selective group additional dues by taking over a tax invoice issued based on the total sum of the salaries of dieticians and cooks listed in the form of each hospital under the control of each hospital through accounting division belonging to the hospital, to the head of the point, who is a dietitian belonging to the ○○○ cooking department dispatched to the hospital, and by receiving the wages of the above dietitians and cooks bypass under the pretext of management and maintenance expenses.

Furthermore, in the case of Nonindicted 76 registered as a cook belonging to each of the above hospitals from February 20, 2012 to August 26, 2012, and from August 22, 2012, Defendant 15 was well aware that, during the above period, Defendant 15 was not full-time in the actual hospital restaurant, but in the form of a license loan to receive additional charges, it was merely a disaster, such as a cook belonging to the hospital, and thus, Defendant 15 cannot claim additional charges during the above period.

On the other hand, in order to smoothly maintain the above contractual relationship, Defendant 1 and Defendant 2 had the head of the point of view, who is a dietitian belonging to ○○○○○○○○○○○○○○○○○○○○○○ through Nonindicted 2 and 18, a team leader of the hospital operation team affiliated with the said contractual relationship, identify the personnel expenses required for dietitians and cooks under the jurisdiction of the hospital and execute them from the pre-payment of ○○○

As a result, the Defendants paid the expenses of a dietitian and a cook who are registered under the hospital only in the form of a hospital, and actually paid them at the expense of ○○ cooking, a commission company, as the expenses for management and maintenance, and even though the above dietitian and a cook were not to actually assist the work of the store to which he belongs, the above dietitian and a cook are directly employed at the hospital and are actually responsible for additional expenses, such as personnel expenses incurred thereby. Furthermore, as the above dietitian and a cook are actually employed by the hospital and are under the direction and supervision of the hospital, Defendant 15 was under the command and supervision of the hospital, from February 20, 2012 to August 27 of the same year, even if Nonindicted 76 did not actually work until the same month from February 20 to August 22 of the same year, he was to receive additional charges, additional charges, and additional charges from the victim and the victim notified of the result by submitting a written notification of the current status of the operation of an in-patient food care center to the Health Insurance Service.

Defendant 10 and Defendant 15 filed a claim with the Health Insurance Corporation of Pyeongtaek-gu around July 201 to register dietitians and cookss under the hospital only in the above form as above, from February 20, 201 to August 26, 201, and from August 27, 201 to KRW 76 of the same year, Defendant 10 and Defendant 15 cannot receive dietitians additional charges, cooking additional charges, and selective additional charges from among the patient's food insurance benefits because Nonindicted 76 did not actually work. However, Defendant 10 and employees in charge of the request for insurance benefits filed a claim with the Health Insurance Corporation of KRW 100, KRW 2,33,630 from around July 20, 201 to KRW 10, KRW 360 from around 20, KRW 360, KRW 160 from around 20, KRW 3616, KRW 206, KRW 2016, and KRW 3616,2016.

As a result, the Defendants were informed of the victims and received property.

7. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and violation of the National Health Insurance Act, fraud by Defendants 2 and 16, and violation of the National Health Insurance Act, and fraud by Defendants 8 (related to the fraud, etc. of food insurance benefits by patients at △△

On February 207, Nonindicted 3 and Nonindicted 20 of the planning office head of the above hospital agreed to consult on the terms and conditions of the consignment contract on the operation of the hospital's premises with Nonindicted 21, who was ordered by Defendant 8, in order to receive the dietitian's additional charges, cooking additional charges, and selective group additional charges from among the food care insurance for in-patients, a dietitian and a cook shall be placed under the hospital in the form of a hospital, and the personnel expenses incurred in the hospital due to registering a dietitian, a cook, and a cook under the hospital shall be paid bypassing it under the name of the management and maintenance expenses, rather than the burden of the hospital. A dietitian registered under the hospital's name, and a cook actually agreed to assist the meal service at the ○○○○○○△△△△△△△△ Hospital.

Nonindicted 3, 10, and 9 continued to maintain the above contractual relationship with a view to obtaining the wages of dietitians and cooks by bypassing them from the ○○○○ Shipbuilding, through the general affairs of hospitals and employees, by transferring a tax invoice issued based on the aggregate of the salaries of dietitians and cooks registered in the form under the jurisdiction of each monthly hospital, to the head of the point where he is a dietitian belonging to the hospital, who is a dietitian belonging to the ○○○○ cook, and by receiving bypass the wages of the above dietitians and cooks under the pretext of management and maintenance

Meanwhile, Defendant 1, who started to serve as the FS Operation Headquarters from March 2, 2007 to February 1, 2008, was well aware of the circumstances that Defendant 1, who was employed by ○○○○○○○○ Hospital, continued to maintain and manage the said arrangement through Defendant 15, who served from July 31, 2009 to July 31, 2009, and Defendant 2 who served thereafter. As such, Defendant 1 and Defendant 2 are registered in the hospital only in the form as above, and Defendant 1 and Defendant 2 are also registered in the hospital, thereby obtaining additional charges, even though he did not meet the requirements for receiving the additional charges, additional charges, and selective charges.

Furthermore, in order to smoothly maintain the above contractual relationship, Defendant 1 and Defendant 2 had the head of the point, who is a dietitian belonging to the ○○○○○○○○○○○○○○○○○○○○○○○○○ through Nonindicted 16, Defendant 16, and Nonindicted 18, the head of the team leader of the hospital operation team affiliated with the said ○○○○○○○○○○○○○○○○○○○○○○○○○, identify

As a result, the Defendants made a request for the additional dues of dietitians, additional dues, and selective group by submitting a report on the current status of the in-patient operation to the Health Insurance Review and Assessment Service as if the above dietitians and cooks were actually employed by a hospital and under the direction and supervision of the hospital, and they actually conspired to receive additional dues of dietitians, additional dues, cooks, and selective group additional dues from the victims and patients of the National Health Insurance Service and the victims notified of the result by claiming for additional dues of dietitians, additional dues, cooks, and selective group additional dues.

이후 공소외 3은 2007. 2.경 위 △△△△△ 병원에서, 사실은 위와 같이 영양사, 조리사가 형식상으로만 병원 소속으로 등재된 것에 불과하여 입원환자 식대 요양급여 중 영양사 가산금, 조리사 가산금 및 선택식단 가산금을 지급받을 수 없음에도, 요양급여 청구를 담당하는 △△△△△ 병원 총무부 소속 담당 직원으로 하여금 건강보험심사평가원에 영양사 가산금, 조리사 가산금 및 선택식단 가산금을 청구하여 이에 속은 피해자 국민건강보험공단으로부터 2007. 2.분 가산금 합계 2,161,470원을 교부받고, 피해자인 위 병원에서 구내식당을 이용한 환자들로부터 가산금에 대한 환자 자기부담금 합계 2,161,470원을 교부받은 것을 비롯하여, 피고인들은 2007. 2.부터 2013. 11.경까지 피해자들로부터 별지 범죄일람표 7 기재와 같이 합계 1,329,468,240원(피해자 국민건강보험공단 664,734,280원, 피해자 진료환자 664,733,960원)을 교부받음{단, 피고인 1은 2007. 3.경부터 2011. 4.경 및 2011. 11.경부터 2013. 11.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 2번부터 51번 및 순번 58번부터 82번 기재와 같이 합계 1,228,978,350원(피해자 국민건강보험공단 614,489,320원, 피해자 진료환자 614,489,030원)을, 피고인 8은 2007. 2.경부터 2008. 1.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 1번부터 12번 기재와 같이 합계 123,787,210원(피해자 국민건강보험공단 61,893,630원, 피해자 진료환자 61,893,580원)을, 피고인 2는 2009. 8.경부터 2013. 11.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 31번부터 82번 기재와 같이 합계 920,452,230원(피해자 국민건강보험공단 460,226,220원, 피해자 진료환자 460,226,010원)을, 피고인 16은 2012. 4.경부터 2013. 8.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 63번부터 79번 기재와 같이 합계 305,135,720원(피해자 국민건강보험공단 152,567,900원, 피해자 진료환자 152,567,820원)을, 공소외 10은 2008. 5.경부터 2013. 11.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 16번부터 82번 기재와 같이 합계 1,168,717,250원(피해자 국민건강보험공단 584,358,750원, 피해자 진료환자 584,358,500원)을, 공소외 9는 2007. 9.경부터 2013. 11.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 8번부터 82번 기재와 같이 합계 1,267,190,470원(피해자 국민건강보험공단 633,595,390원, 피해자 진료환자 633,595,080원)에 한한다}과 동시에, 피고인 1, 피고인 2는 2013. 6.부터 2013. 11.경에 이르기까지 국민건강보험공단으로부터 별지 범죄일람표 7 기재 중 순번 77번부터 82번 기재와 같이 합계 108,929,090원(피해자 국민건강보험공단 54,464,550원, 피해자 진료환자 54,464,540원)을 송금받고, 피고인 16은 2013. 6.부터 2013. 8.경에 이르기까지 별지 범죄일람표 7 기재 중 순번 77번부터 79번 기재와 같이 합계 53,929,310원(피해자 국민건강보험공단 26,964,660원, 피해자 진료환자 26,964,650원)을 송금받아 거짓이나 부정한 방법으로 보험급여를 받았다.

Accordingly, the Defendants conspired with Nonindicted 3, 10, and 9 to receive property by deceiving the victims, and Defendants 1, 2, and 16 received insurance benefits in collusion with Nonindicted 3, 10, and 9 at the same time.

8. Frauds by Defendants 1, 2, and 16, and violations of the National Health Insurance Act (related to the fraud, etc. of food insurance benefits by patients in △△ Hospital);

On September 15, 2010, Non-Indicted 11 and Non-Indicted 12 discussed the terms and conditions of the entrustment contract on the operation of ○○○○ Development Team affiliated with Defendant 1 and Defendant 2, and Non-Indicted 23, the team leader of the FS Development Team, in receipt of orders from Defendant 2, on behalf of Non-Indicted 22, in the office of △△ Hospital located in the Gangwon-si, Gangwon-si, Gangwon-do, and Non-Indicted 11 and Non-Indicted 12 agreed to provide a dietitian, a cook, a cook, and a cook in the form of a hospital in order to receive a dietitian's additional dues, additional dues, out of the in-patient's food insurance benefits, and the personnel expenses incurred in the hospital by registering a dietitian, a cook, and a cook under the jurisdiction of the hospital, and to provide assistance to the meal services of ○○○○○ Hospital located in the form of the hospital.

Nonindicted 11 and Nonindicted 12 continued to maintain the above contractual relationship in order to obtain the wages of dietitians and cooks listed in the hospital under the pretext of management and maintenance expenses, by giving them a tax invoice issued based on the aggregate of the salaries of dietitians and cookss listed in the form under the hospital of each month through the department of hospital affairs, to the head of the point, who is a dietitian belonging to the ○○○○ Group, dispatched to the hospital, and by receiving bypass the wages of dietitians and cooks under the name of management and maintenance expenses.

On the other hand, in order to maintain the above contractual relationship smoothly, Defendant 1 and Defendant 2, through Defendant 16, the director of the hospital operation team belonging to the ○○○○○○○○○○○○○○○○○○○○○○○○○, Defendant 1 and Defendant 2, through which the director of the hospital operation team, who was the director of the hospital operation team, identified the personnel expenses incurred in the dietitians and cooks, and executed

As a result, the Defendants paid the expenses of a dietitian, a cook, who was registered under the control of the hospital with Nonindicted 11 and Nonindicted 12, to the hospital in the form of form, and actually belongs to the hospital, and the personnel expenses of the above dietitian, a commission company, for the expenses of management and maintenance. Although the above dietitian, a cook was not actually engaged in supporting the duties of the shop to the store, the above dietitian, a cook was actually responsible for additional expenses, such as personnel expenses incurred by directly employing the above dietitian, the cook, and the above dietitian was actually responsible at the hospital. As the above dietitian and the cook were actually employed by the hospital and under the direction and supervision of the hospital, the Defendants made a request for the additional charge of a dietitian, additional charge of a cook by submitting a written notification of the current status of the operation of an in-patient to the Health Insurance Review and Assessment Service, and

around June 201, Nonindicted 11 and Nonindicted 12 were registered in the hospital only in the form of dietitians and cooks as above, and thus, they cannot receive additional dues and additional dues from among the food care benefit for inpatientss. Although working-level employees in charge of claiming insurance benefits filed a claim with the Health Insurance Review and Assessment Service under the name of Nonindicted 11 and receive KRW 425,980, total amount of additional dues from the victim on June 6, 201, and received KRW 425,970, total amount of the patient's own charges from customers using the cafeterias at the above hospital as victims, KRW 30,970, KRW 40, KRW 970 from June 6, 201 to August 2013 (limited to KRW 96, KRW 165, KRW 285, KRW 40 from around 200, KRW 285, KRW 208, KRW 185, KRW 18,2081).

Accordingly, the Defendants received insurance benefits in collusion with Nonindicted 11 and Nonindicted 12 at the same time by deceiving the victims and receiving property.

9. Fraud by Defendant 1, Defendant 2, and Defendant 16, and violation of the National Health Insurance Act (related to deception, fraud, etc. of food insurance benefits by patients in a hospital)

From November 201 to January 201, Non-Indicted 13 and Non-Indicted 14 discussed the terms and conditions of the entrustment contract on the operation of a hospital-affiliated restaurant at the Gyeonggi-si ( Address 11 omitted) at the temporary office of Gegi-si, Gyeonggi-si, Defendant 1, and Non-Indicted 24 who received orders from Defendant 16 and Defendant 2, and the person in charge of the FS Development Team at ○○○○○○○○○○○○○○○○○○○○○○○○○, upon negotiating the consignment contract on the operation of the hospital-affiliated restaurant, they shall be placed under the hospital in the form of a dietitian, a dietitian and a cook in order to receive the dietitian’s additional dues, cook’s additional dues, and selective additional dues among the in-patient’s insurance benefits. The personnel expenses incurred in the hospital by registering a dietitian and a cook under the hospital shall be calculated on the basis of dietitian’s salary, calculated on a monthly basis, calculated on the basis of the number of persons registered under the hospital, and agreed to manage and maintain.

In addition, Nonindicted 13 and Nonindicted 14 continued to maintain the above contractual relationship in order to obtain the royalty of a dietitian, a cook, and a selective group, by taking over a tax invoice issued based on the aggregate of the wages of a dietitian and a cook, which are listed in the form under the jurisdiction of the hospital of each month through the staff of the general affairs department belonging to the hospital, to the head of the point, who is a dietitian belonging to the above ○○○○ Group, and by receiving the wages of the above dietitian and cook bypass for the management and maintenance expenses.

On the other hand, in order to maintain the above contractual relationship smoothly, Defendant 1 and Defendant 2 had the head of the point, who is a dietitian belonging to ○○○○○○○, through Defendant 16 and Nonindicted 18, identify the personnel expenses required for dietitians and cooks registered under the hospital in the form of the hospital and executed them from the pre-payment of ○○○○○○○.

As a result, the Defendants made a request for the additional dues of dietitians, additional dues and selective group by submitting a report on the operation status of in-patients to the Health Insurance Review and Assessment Service, as if the above dietitians and cooks were actually employed by a hospital and were under the direction and supervision of a hospital, and they actually conspired in order to receive additional dues of dietitians, additional dues, cooks and selective group from the victims and patients of the National Health Insurance Service and the victim notified of the result by requesting for additional dues of dietitians, additional dues, cooks and selective group by submitting a report on the operation status of in-patients to the Health Insurance Service, as they were actually employed by a hospital and under the direction and supervision of a hospital.

around February 201, Nonindicted 13 and 14: (a) Nonindicted 2, 13 and 14: (b) around 201, 13 and 2, 30,000 won in total, 421,20 won in total, as stated in the [Attachment 1, 30, 496, 470 won in [Attachment 1, 205] and 16: (c) around 16, 30, 278, 496, 470 won in annexed Table 9; (d) were entered in the hospital under the above control of the hospital; (e) there were no other employees in charge of claiming insurance benefits; (e) there was no additional charge for dietitians, surcharges, and selective group; and (e) there was no additional charge from the victim on February 2, 2011; (e) there was no number of 16 to 36,1600 won in annexed Table 9; and (e) there was no additional charge No. 136331,131,20141.

Accordingly, the Defendants, in collusion with Nonindicted 13 and Nonindicted 14, received the insurance benefits by deceiving the victims, and at the same time, by an unjust method.

1. The respective legal statements of Defendant 1, Defendant 2, and Defendant 8, Defendant 3, Defendant 4, Defendant 5, Defendant 6, Defendant 7, Defendant 8, Defendant 9, Defendant 10, Defendant 11, Defendant 12, Defendant 13, Defendant 14, and Defendant 15 respectively.

1. Each prosecutor's protocol of suspect examination against Defendants 1 and 2

1. Each prosecutor’s protocol on Nonindicted 25, Nonindicted 26, Nonindicted 27, Nonindicted 28, Nonindicted 16, Nonindicted 29, Nonindicted 30, Nonindicted 31, Nonindicted 32, Nonindicted 33, Nonindicted 34, Nonindicted 35, Nonindicted 36, Nonindicted 18, and Nonindicted 37, and part of the prosecutor’s protocol on Defendant 14

1. Data deemed to have been employed and managed by the ○○○○○○○○○○○ Hospital’s staff member, Nonindicted Party 4, a copy of Nonindicted Party 3’s curriculum, a copy of Nonindicted Party 3’s curriculum, a copy of Nonindicted Party 38’s curriculum, a copy of the employment report, a copy of the employment report, a staff report, and other output of the current status of the business of the ○○○○○○○ Hospital’s staff member, a copy of the ○○○○○○○○○ Hospital’s staff report (a copy of the ○○○○○○ Hospital’s staff report, a copy of the ○○○○ Hospital’s staff report, a copy of the ○○○○ Hospital’s staff report, a copy of the ○○○○ Hospital’s staff report (a copy of the ○○○ Hospital’s staff report, a copy of the 6-day staff report, a copy of the 6-day staff report (a copy of the 4-day staff report, a report on the current status of the ○ Hospital’s.

1. An investigation report (a report on the analysis of the books of the gold of the Dog-dong Hospital: Data that can verify that the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

1. Investigation reports (verification of the special case of employment advertisements), Internet printed materials, investigation reports (Attachment of documents on the storage of the USB of the Bupyeong-gu Hospital), dietitians belonging to the Bupyeong-gu Hospital, dietitians belonging to the Bupyeong-gu Hospital, records on the miscellaneous treatment status of the cook, dietitians belonging to the Bupyeong-gu Hospital, dietitians belonging to the Bupyeong-gu Hospital, records on the miscellaneous payment of the cook, daily receipts belonging to the hospital (Nonindicted 43), daily wages of the cook Nonindicted 44 belonging to the Bupyeong-gu Hospital, daily books on the wages of the cook Nonindicted 45, dietitians belonging to the Gyeong-dong Hospital, dietitians belonging to the hospital, dietitians belonging to the hospital, worker's daily gift purchase reports on the cook, dietitians belonging to the hospital, dietitians belonging to the cook-day anniversary, dietitians belonging to the hospital, dietitians belonging to the Bupyeong-gu Hospital, dietitians belonging to the Bupyeong-gu Hospital, records on the miscellaneous treatment status of the cook-gu Hospital, records on the 10th of safety accidents related to the 20.

1. The investigation report (the submission of the relevant hospital, the specifications of the transfer of cooking's salary), the Incheon Cheongdong Hospital, the Gyeongdong Hospital, the Gangseo-gu Hospital, the Gangseo-gu Hospital, the details of the transfer of salary of the Gangseo-gu Hospital, the details of the transfer of salary from September 11, 2006 to December 10, 2008, the details of the transfer of salary of the Bupyeong-gu Hospital, and the details of the transfer of salary of the Bupyeong-gu Hospital;

1. An investigation report (in cases of submission of data by a counsel), the status of personnel of a hospital operating team, the head of the team at each place of business, the current status of the team leader at each place of business, the investigation report (in cases of a dietitian at the Dolsan Hospital, attaching a cook's wage ledger), the investigation report (in cases of employment advertisements

1. A investigation report (Submission of data on the education of cooks, dieticians, and cooks belonging to a Eunpyeong-gu Hospital), an application for the nutrition and education of a Eunpyeong-gu Hospital, and the payment of educational expenses;

1. New operational documents approved for a new operation report among investigation reports (to be accompanied by LITS for preparation for inside a hospital), and the file files of Bupyeong-gu Hospital;

【Criminal facts 7, 8, 9】

1. Each legal statement of the defendant 1, 2, 8, and 16

1. Each prosecutor’s protocol of statement on Nonindicted 16, Nonindicted 46, Nonindicted 47, Nonindicted 48, Nonindicted 24, Nonindicted 49, Nonindicted 50, Nonindicted 51, Nonindicted 21, and Nonindicted 52; each prosecutor’s protocol of interrogation on Nonindicted 51 and Nonindicted 9; and each prosecutor’s protocol of interrogation on Nonindicted 3 (five times and seven times) on Nonindicted 3.

1. Details of the transfer of salary of △△△ Hospital, and details of the transfer of salary of △△ Hospital;

1. An investigation report (a copy of the consignment operation contract of the △△△△△ Hospital Hospital meal service), a copy of the hospital meal service contract, an investigation report (a document verifying the contents of the △△△ Hospital’s nutrition and the cooking employment contract, and a document verifying the direct employment of the cook belonging to the hospital), a dietitian Nonindicted 53, a cook Nonindicted 54’s employment contract, an employment contract on July 17, 2013, a printed matter of the job placement advertisement at the △△△△△△△△△△△△△△△△△△△△ Hospital store on July 15, 2013, and a pre-paid account book on July

1. A criminal investigation report (Attachment to the △△△ Hospital dietitian and the cook’s wage ledger), and an investigation report (Attachment to the Do Governor’s △△△ Hospital dietitian and the cook’s wage ledger);

1. An investigation report (report on the results of analyzing the accounting books of the △△△△△△ Hospital, which can verify that the dietitian and the cook belonging to the △△△△△△△ Hospital have been actually managed at the ○○○○○○

1. A criminal investigation report (a report on the analysis of Do governor Do governor's account book), investigation report (a report on the Do governor's account book, a dietitian belonging to Do governor's hospital, and a cook deemed to have employed and managed the Do governor's Do governor's account book), Do governor's account of management expenses for Do governor's hospital, Do governor's re-contracted products, Do governor's account of management expenses for Do governor's hospital, Do governor's account of Do governor's account increase in Do governor

1. A investigation report (Submission of a written resolution on disbursement of educational expenses for Do governor-affiliated hospitals and dietitians belonging to hospitals);

1. A criminal investigation report (in cases of attaching a file output of the "the current status of dietitians belonging to a hospital" discovered from ○○ head office;

A. Defendant 1

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act ( comprehensively including frauds to the National Health Insurance Corporation related to △△△△△△△△△ Hospital in the market of facts constituting the crime), Articles 347(1) and 30 of each Criminal Act ( comprehensively including frauds and the National Health Insurance Corporation for victims by each item), Articles 115(2)5 and 30 of each National Health Insurance Act ( comprehensively including the receipt of illegal insurance benefits, and each item)

B. Defendants 2 and 16

Articles 347(1) and 30 of the Criminal Act (including fraud, and the National Health Insurance Corporation for Victims by each paragraph), Articles 115(2)5 and 30 of the National Health Insurance Act (including the supply of and demand for illegal insurance benefits, and each paragraph)

C. Defendants 3 and 5

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Victims of the Doldong Hospital-dong Hospital-dong Hospital-dong Hospital-gu

D. Defendants 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15

Articles 347 (1) and 30 (General Provisions concerning Victims to National Health Insurance Corporation by Each Section)

1. Commercial competition;

(a) Defendant 1: Articles 40 and 50 of each Criminal Code [the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the National Health Insurance Act, the punishment provided for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the punishment provided for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), paragraph (8) of the criminal facts in the judgment, the crime of fraud against victims of △△ Hospital, the National Health Insurance Corporation

B. Defendant 2 and Defendant 16: Articles 40 and 50 of each Criminal Act (the crime committed on the market, the crime of fraud against victims of the National Health Insurance Corporation related to the △△△△△ Hospital and the crime of violation of the National Health Insurance Act; the crime of fraud against victims of △△ Hospital; the crime of fraud against the National Health Insurance Corporation related to △△ Hospital; the crime of violation of the National Health Insurance Act; the crime of fraud against victims of the National Health Insurance Corporation related to △△ Hospital; the crime

1. Selection of punishment;

A. Each crime of fraud committed by Defendant 1, Defendant 2, Defendant 3, Defendant 4, Defendant 5, Defendant 6, Defendant 7, and Defendant 8: Selection of imprisonment with prison labor for each of the following:

B. Each crime of fraud committed by Defendants 9, 10, 11, 12, 13, 14, 15, and 16: Selection of each fine:

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

A. Defendant 1, Defendant 3, and Defendant 5: Each punishment is the most severe penalty and the concurrent penalty provided for in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

B. Defendant 2 and Defendant 16: The aggravated punishment provided for in the crime of fraud against the victims related to the △△△△ Hospital, which is the most severe criminal facts in each of such crimes.

C. Defendant 4, Defendant 7, Defendant 8, Defendant 9, Defendant 11, and Defendant 12: The aggravation of concurrent crimes with punishment stipulated in the crime of fraud against the victim of the National Health Insurance Corporation related to the Incheon Hospital under paragraph (1) of the same Article, which is the most severe criminal facts.

D. Defendant 6 and Defendant 10: Aggravation of concurrent crimes with punishment stipulated in the crime of fraud against victims of the National Health Insurance Corporation related to the Bupyeong-gu Hospital, which is the most severe crime committed by each of the above crimes.

(e) Defendant 13: Aggravation of concurrent crimes with punishment prescribed in the crime of fraud against a victim of the National Health Insurance Corporation related to the Gangseo-gu Hospital, Gangseo-gu, paragraph (3) of the most severe crime committed.

(f) Defendant 14: Aggravation of concurrent crimes with punishment prescribed in a crime of fraud against a victim of the National Health Insurance Corporation related to the Gangseo-gu Hospital under paragraph (5) of the same Article, which is the most severe crime

G. Defendant 15: Aggravated increase of concurrent crimes with punishment stipulated in the crime of fraud against a victim of the National Health Insurance Corporation related to Pyeongtaek Hospital, which is the most severe crime committed.

1. Discretionary mitigation;

Defendant 1, Defendant 3, and Defendant 5: Articles 53 and 55(1)3 of the Criminal Act (each of the following favorable circumstances among the reasons for sentencing)

1. Invitation of a workhouse;

Defendant 9, Defendant 10, Defendant 11, Defendant 12, Defendant 13, Defendant 14, Defendant 15, and Defendant 16: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant 3, Defendant 4, Defendant 5, Defendant 6, Defendant 7, and Defendant 8: Article 62(1) of each Criminal Act (each of the following favorable circumstances is considered for sentencing)

A. Summary of the assertion

1) There is no deception by the Defendants.

In other words, there is a "actual employment relationship" between a dietitian, a cook, and a Maridong Hospital in the 6 Maridong Hospital in the judgment of the court below (hereinafter collectively referred to as the "Maridong Hospital"), and a Maridong Hospital in the 1 through 6 Maridong Hospital in the judgment of the court below. ② The same amount as a dietitian, a cook's wage is paid as expenses for management and maintenance by ○○ri Group in the name of management and maintenance. It is merely a fact that ○○ri Group reduced the amount of the entrusted operation according to the reduction of personnel expenses, or that ○○ri Group was determined to receive the amount of wages as the amount of wages because the accurate calculation of the expenses for management and maintenance is difficult (the defendants). Even if not, it is not a reason to deny the actual employment relationship between a dietitian, a dietitian, and a cook. ③ Even if ○ri Group took part in the employment of a dietitian, a cook, a job instruction, and a management of work, etc., it is not a case where ○○○ Hospital was selected and a cook.

2) Even if each of the above additional charges was not satisfied, the Defendants did not have any intention to deception.

In other words, the Defendants, without any doubt that they failed to meet the above requirements for the payment of the above additional charges, filed a claim for the above additional charges with dietitians and cooks believed to be affiliated with △ Hospital. ② Under the circumstances where authoritative interpretation or criminal judgment was not issued on the requirements for the payment of nutritions, cooks, and selective group additional charges during the criminal facts of this case and a charge-free disposition was rendered on a similar case, the Defendants, who are not legal professionals, are provided with additional charges in a lawful manner through sufficient legal review. ③ In light of the provisions of the National Health Insurance Act punishing the Defendants who received insurance benefits by fraud or other wrongful means, in order to recognize the establishment of fraud with higher statutory penalty than the above law in this case, there is only a situation where the Defendants are clearly false reports or manipulates relevant materials, but the Defendants are merely a submission of the entrusted management without any falsitys, dietitians’ personal information, employment information, and employment information to which they belong to ○○ Hospital and ○○○ Hospital and the Defendant’s 16th of the agreement imposing the wages of the Defendant, not a confidential agreement nor a secret.

B. Determination

1) Requirements and relevant legal principles for the payment of dietitians, cooking charges, selective group surcharges

According to Article 5(2) and Article 8(2) of the Regulations on the Standards for Medical Care Benefits for National Health Insurance as delegated by the National Health Insurance Act, “the list of health insurance act benefits and non-benefits and relative points of benefits (Notice of the Ministry of Health and Welfare No. 2010-38)” in Article 41(2) and Article 8(2) of the Regulations on the Standards for Medical Care Benefits for National Health Insurance as delegated by the National Health Insurance Act, meals are calculated according to the number of dieticians or cooks belonging to the relevant medical care institution, and (1) of meal costs shall be calculated in proportion to the number of full-time dieticians or cooks belonging to the relevant medical care institution, and (2) of selective food costs shall be calculated in cases where two or more meals or cooks are provided each day for the relevant medical care institution to make it possible for inpatients to select (hereinafter referred to as “each of the above additional charges”), and (3) Direct surcharges shall be calculated in cases where a dietitian belonging to the relevant medical care institution is full-time employed by at least one in person.

In determining whether the above additional dues are “affiliated” with the relevant medical care institution, rather than whether a formal labor contract has been concluded, it shall be determined by “whether the medical care institution was actually employed by the medical care institution and under the direction and supervision of the medical care institution.” The overall operation process of the relevant cafeterias, such as inspection of food materials, preparation of a meal group, preparation of cooking procedures, management of cooking and hygiene, employment and direction and supervision of restaurant employees such as dietitians, management of cafeteria facilities, etc. (see Supreme Court Decision 2013Do13673, Jun. 26, 2014).

2) The purport of introducing each additional dues system of this case

Although a medical care institution does not directly operate a restaurant, it is determined that the employment of a dietitian belonging to a medical care institution directly employed by a medical care institution is stable because of high sense of belonging, sense of responsibility, and sense of duty in the event of a cook, and that it would be more favorable to improving the quality and service of meal services by free from the management policy of a private entrusted food service enterprise intending to maximize profits, and that each of the additional charges systems of this case was newly established for the purpose of preserving expenses (wages, expenses for personnel management) incurred by a medical care institution in employing a dietitian and cook directly (see Constitutional Court en banc Decision 2006Hun-Ma90, April 24, 2008; Constitutional Court Decision 2006Hun-Ma90, and the position of the Health Insurance, Health Insurance, Review and Assessment Service

3) Whether a deceitful act was committed (whether a dietitian or cook belongs to the △ Hospital)

Considering the following facts and circumstances acknowledged by evidence duly adopted and investigated by this court in light of the purport of the above legal doctrine and the system, it is difficult to view that the dietitians and cooks of the △ Hospital concluded a formal employment contract with the △ Hospital, and actually, they were employed by the △ Hospital and under the direction and supervision of the △ Hospital. Therefore, as if the dietitians and cooks were full-time workers belonging to the △ Hospital, the claim for the additional charges of this case should be made by the victim of the National Health Insurance Corporation and the patient to receive the additional charges from the victim of this case should be deemed to constitute deception in fraud. Therefore, the above argument

A) Confession of accomplices, etc.

In addition, the majority of employees belonging to ○○○○○○○○○○, including Defendant 1, Defendant 2, and Defendant 8 of the FS business head in charge of the entrusted operation of hospital meals at ○○○○○○○○○○○○○○○○○○○○○○○○, including the head of the hospital operation team, Nonindicted 16, and the head of the hospital affiliated with the ○○○○○○○○○○○○○○○○○○○○○○, who was actually employed by the ○○○○○○○○○○○○○, and the cook was directed and supervised by the ○○○○○○○○○○○○○○○○, and all the criminal facts of this case are recognized. On the other hand, the hospital’s side recognizes the fact of receiving additional charges.

B) Employment entity, process, determination, etc.

The Defendants vindicates that the △ Hospital’s planning room directly employs dietitians and cookss, including the receipt of the employee application form, the interview, and the issuance of personnel instructions in accordance with the internal rules and procedures of the △ Hospital. However, some of the witness Nonindicted 55 (registered dietitians belonging to the △ Hospital) and Nonindicted 56 (registered cooks belonging to the same hospital) as stated above, the ○○○ Hospital’s office’s statements to the effect that Nonindicted 30, who was registered under the jurisdiction of the △△ Hospital, was sent by the head of the planning office at the time of the interview, and that the phone was not in a relationship with the head of the ○○○○○○ Hospital’s office, and that it was difficult to believe that it was against the objective documents revealed during the investigation process as seen below, and that it was difficult to accept that the ○○ Hospital’s office’s personal information was directly engaged in an interview with the head of the ○○ Hospital’s office, and that it was merely an interview with the head of the ○○ Hospital’s office.

(1) ① Nonindicted 25 stated that “The head of Pyeongtaek-gu Hospital reported to his hospital under the control of ○○○○○○○○○○, as well as Nonindicted 25, sent a job offer advertisement to him, and decided on whether to employ him, and then sent him to the head of the planning office of the hospital to prepare an employment contract under the name of the hospital (Evidence No. 7,50), ② Nonindicted 26, who belongs to the FS Support Team in charge of employment assistance in ○○○○○○, stated that he was a dietitian, a job offer advertisement for cook was made (Evidence No. 6,247 pages), ③ Nonindicted 25, a number of 6, a number of 1, a dietitian who was registered in the hospital under the jurisdiction of ○○○○○○○○○○○○○○○’s 6, a number of 6, a number of 5, a 15, a 537, a 537, a 537, a 537, and a 537, a 546, a 546, a 5, a cooking.

(2) ① In the document file managed by the head of the ○○○○○○○○○○○○○○○○, there were many kinds of hospital personnel documents forms, such as dietitians (including the resumes of those who were supported, but not employed), self-introductions, private employees, meeting records of those who were employed, delayed payment of retirement allowances, written consent for retirement allowances, details leading up to the delayed payment of retirement allowances, and notes (Evidence Records Nos. 3,714, etc.), and ② Nonindicted 27’s USB data (Evidence Records No. 3,109-3,165, etc.), which was the head of the ○○○○○○○○○○○○○○○○○○○○, was found.

(3) ① According to the report on the current status of the business of the ○○○○○○○○○○○○○○○ Hospital’s store, the purport of “the scheduled renewal of the contract through an annual salary is expected to expire,” and ② Nonindicted 29’s “the subject of modification of the labor contract” prepared by Nonindicted 40 at Nonindicted 40’s computer, indicated the name of the cooks who should modify the employment contract form from March 1, 2012, and ③ Nonindicted 32’s “the report on the current status of the business of the ○○○○○○○○○○○○○○○○○ Hospital’s store” (hereinafter “the date of the ○○○○○○○ Hospital”). Nonindicted 6’s “the date of the 1st of the 6th of the 6th of the 1st of the 6th of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 2nd of the 1st of the 1st of the 1st of the 2th of the 2.

(4) It was true that the previous members of the cooks who worked for the ○○○ Shipbuilding changed to the △ Hospital. Of them, Nonindicted 43 and Nonindicted 74, some of them stated that they permitted the formal change of affiliation because they need to be registered under the jurisdiction of △△ Hospital, entered the salary conditions or working environment for the changes to which they were assigned, and stated that they did not have any relationship with the hospital. According to the records of Nonindicted 29’s work status report (Evidence No. 1,104 page) in the location of the store located in Bupyeong-gu Hospital and Nonindicted 29’s work status report (Evidence No. 1,104 page), the contract will be terminated on April 1 (Evidence No. 72). On the other hand, if the daily treatment is quickly and accurately opportunity, they will become members of ○○○○. On the other hand, there is an indication that they will be re-contract through the increase of annual salary (1.6 million won, 1651,000 won increase).

(5) The ○○○○○○○ Shipbuilding’s pre-paid fee (which means the money that the head of the branch office provides to the account of the head office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office for the use

C)an exercise of direction and supervision over labor;

In full view of the following circumstances, ○○○○○○○○○○○○, through the occupation of the place to which he belongs, managed the overall work, such as dietitians, the type of work for cooks, the details of salaries and salaries, working hours such as outing and leaving office, treatment improvement, and whether to conclude a contract for renewal, etc., and directly directed and supervised them.

(1) ① According to the fact-finding report (Evidence No. 1,182 of the evidence records) prepared by Nonindicted 25 on February 2012, 201 through around 3, 2012, the head of Eunpyeong-gu Hospital’s occupation and operation of the hospital is thoroughly performing the management of the root of the hospital. There is a case of intimidation that a dietitian belonging to the hospital will report to the Ministry of Labor. There is a case of intimidation that he will report to the Ministry of Labor. The term “the head office of the hospital and suspected person (the head office of the hospital will be again signed)”, “The head office of the relevant hospital and the head office of the relevant Gu shall be 6 days per week to prepare the employment contract for the nutrition team and make changes difficult for the operation (the fact that the head office of the ○○ Hospital’s occupation and the head office of the relevant hospital shall be 40 hours per week, the night allowances and allowances shall be separately recorded in the form of his daily work, and the form of his office shall be recorded in the ○ Hospital’s work record No. 27.

(2) ① The detailed matters on the operation of meal service (type) in Nonindicted 62 prepared by Nonindicted 62, which was seized by Nonindicted 3’s computer at the Gangseo-gu Hospital occupant, was recorded as the file that Nonindicted 62 reported to the head of the team of the team of the team of the team of the team of the team of the hospital, and the following table is written (Evidence No. 4,563 of the record of evidence), including the dietitian belonging to the hospital, the name of the cook, working hours, and the duties to be in charge (Evidence No. 4,563 of the record), ② the document files managed by Nonindicted 40 of the store of the store of Gangseo-gu Busan Metropolitan City (Evidence No. 1,123 of the record of evidence). In light of the aforementioned purpose, Nonindicted 62’s statement on the performance rating (Evidence No. 7,341 of the record) submitted by the above Nonindicted 27 as an example, the head of the office of the team’s own ability to directly evaluate and affix his signature and seal (Evidence No. 27 of the record).

(3) According to ① Nonindicted 40’s report on the current status of Nonindicted 40’s place of business (Evidence No. 1,099 of the evidence record), there was an expression “repreparation of the labor contract of a hospital to which the hospital belongs,” “pre-preparation of the labor contract in line with actual working hours (from March),” and “pre-preparation of additional working hours and night allowances, scheduled to be paid additional allowances,” and the date of entry into the hospital.” ② According to Nonindicted 63’s public announcement of Nonindicted 63’s preparation of the ○○○○○○, Incheon Mari-si Hospital’s store FS BU, 64, Nonindicted 28’s request for changes in the wage details of Nonindicted 3’s daily salary (Evidence No. 4,394 of the evidence record), Nonindicted 6’s written statement on Nonindicted 4, Nonindicted 4, Nonindicted 44, which was Nonindicted 27’s annual salary report, was entered in the ○○○ Hospital’s report on the change of the daily salary.”

(4) In ○○○○○○t, a hospital operation team, etc. was organized in a systematic manner with a similar structure to a large number of hospitals, and publicly recruited and carried out the act of acquiring additional dues by fraud. Nonindicted 21, the staff of the ○○○○○○○ Group, who prepared the content of the new operation and transfer of the new operation and transfer of the cafeteria of the △△△△△△ Hospital, stated that “If the ○○○○○ Group does not manage the human resources of the hospital, the staff of the ○○○○○○○○○ Group, who was employed to receive additional checks, etc., will interfere with the entrusted service affairs, such as receiving multiple checks, and if the cooks and cooks who are employed to receive additional checks, proposed to the △△△△△△△△ Hospital by deeming that the human resources management should be conducted by the entrusted company (Evidences No. 7,73

(5) Although the defense counsel asserts that the dietitians and cooks registered under the control of the hospital were aware of themselves as belonging to the △ Hospital, it is insufficient to recognize them only by the testimony of Nonindicted 55 and Nonindicted 56 of the witness. Rather, the dietitians and cooks investigated by the investigative agency were most cases where they were involved in confusion as to whether they belong to ○○○ or ○○ or △ Hospital.

(d)the person bearing personnel expenses, such as wages and retirement allowances;

(1) As to the Defendants and the defense counsel’s assertion that the benefits were not preserved

① Although ○○○○○○○○○ Hospital’s management and maintenance expenses, 8 hospitals except ○○○○○○○○○○○○ Hospital’s 2) except ○○○○○○○○○○○○○ Hospital’s monthly salary and retirement allowances for ○○○○○○○○○○○○○○○○ Hospital’s pre-management and maintenance expenses per month; ② Nonindicted 16, the head of the ○○○○○○○ Hospital’s team management team, who managed the hospital, demanded ○○○○○○○○○ Hospital’s team management team to pay the instant additional charges to the ○○○○○○○○○○○ Hospital’s personnel expenses, which was recorded in the agreement on the management and maintenance of the relevant hospital’s 6-day hospital’s 6-day hospital’s 6-day hospital’s 6-day hospital’s 6-day hospital’s 7-day hospital’s 6-day 6-day hospital’s 7-day personnel expenses. Ultimately, the relevant concept of the hospital’s 16-day’s 6-day.

(2) Details of the payment of benefits, retirement allowances, excess service allowances, and meaning of the payment

Pursuant to the purport of each of the above additional charges system, each of the above additional charges system was introduced to improve the quality of meal service while preserving additional expenses, such as nutritions, cooking pay, retirement allowance, excess work allowance, and early attendance allowance under the name of compensation for actual expenses under the name of ○○○○○○○ Shipbuilding’s pre-paid service. In addition, each of the above additional charges system was also paid to the pre-paid account of the Association regular education, sanitary education expenses, holiday expenses, worker’s day-day gift certificates, and marriage congratulator. According to the aforementioned purport of each of the additional charges system, each of the above additional charges was to be paid to the hospital to improve the quality of meal service while compensating for additional expenses, such as personnel expenses incurred by employing full-time dietitians under the hospital to which the hospital belongs, and each of the above additional charges appears to have been paid to the hospital’s pre-paid employee’s own interests.

(e)Direction and supervision, such as the preparation, order management, cooking, etc. of a group;

In light of the following circumstances, it is reasonable to view that the head of the ○○○○○○ Group as an entrusted operating business entity and actually instructed and supervised the duties of dieticians, cooks registered under the jurisdiction of the hospital to the extent necessary for the use of the same place of business, and the overall duties of the cafeterias, such as the preparation of a meal team, the order of food materials, and the management of cooking affairs, as the general manager of the core duties of the cafeterias.

① Defendant 1 stated that “○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s 6 works on the basis of their development.” Nonindicted Party 2, Nonindicted Party 2, who indicated that the Nonindicted Party 2’s ○○○○.

(f)education, annual leave, and other benefits of employees for dieticians, cooks;

피고인들과 그 변호인들은 □□병원측에서 병원 소속으로 등재된 영양사, 조리사들에 대하여 온라인 교육을 시행하였고, □□병원의 규정에 따라 휴가, 연차, 병가를 사용하도록 하였으며, 다른 병원 소속 직원들과 마찬가지로 사번을 부여하여 인트라넷 및 메신저에 접속할 권한을 부여하였다고 주장하는바, 증인 공소외 55, 공소외 56의 각 진술에 의하면, 병원 소속으로 등재된 영양사, 조리사들이 온라인으로 □□병원측이 시행하는 의료실무 교육을 받은 사실, ◁◁그룹웨어 메신저상에서 연차 신청을 하고 결재를 받은 사실, 일부 영양사, 조리사들이 □□병원 직원 혜택으로 진료비 할인을 받은 사실이 인정되기는 한다.

However, according to the facts that ○○○○○○○○○○○○○○ Hospital’s ○○○○○○○○○○○○ Hospital’s records were much more than 7 school expenses, that is, Nonindicted Party 2 entered in Nonindicted Party 7’s school curriculum (Evidence No. 1, 137-1, 139) for the improvement of the occupational group of the hospital, 201 and Nonindicted Party 3’s table of the working ability of Nonindicted Party 7’s ○○○○○○○○○○ Hospital’s records and records on the school’s 200○○○○○○○○○○○○○ Hospital’s records and records on the school’s 7th day of education and training, and that Nonindicted Party 1’s records and records on the school’s 17th day of education and training were recorded in the ○○○○ Hospital’s records and records on the school’s 17th day of education and training, Nonindicted Party 25’s education records included in the ○ Hospital’s records and records (Evidence No.

4) Whether fraud is recognized

A) The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, contents of the crime, and the process of performing transactions before and after the crime, insofar as the Defendant does not make a confession. The crime of fraud is established even by dolus negligence. The subjective element of the constituent element of the crime refers to the case where dolus negligence is declared as unclear possibility of occurrence of the crime, and thus it is permissible in light of the possibility of occurrence of the crime, as well as the awareness of the possibility of occurrence of the crime, and further, there is an internal intent to allow the risk of occurrence of the crime. Whether the actor has accepted the possibility of occurrence of the crime should be determined by taking into account how the general public evaluates the possibility of occurrence of the crime from the standpoint of the offender (see, e.g., Supreme Court Decisions 2005Do8645, Feb. 23, 2006; 2007Do4867, Apr. 28, 2007).

B) In light of the above legal principles, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, it is difficult to obtain the defense counsel’s assertion that the Defendants did not think that they did not meet the requirements for the additional dues of this case. The Defendants were paid each additional dues of this case by providing a written notification of the current status of operation of in-patient by a full-time dietitian belonging to the hospital, a cook as if they were a cook, to the extent that they did not meet the requirements for the additional dues of this case, with the knowledge that they did not actually employ, direct and supervise dietitians, cooks, and thus they did not meet the requirements for the payment of each additional dues of this case. Therefore, it is sufficiently recognized that the Defendants had criminal intent to obtain fraud. Accordingly, this part of the Defendants and

① As seen earlier, the Defendants in the ○○○○○○○○○○○○○○○○○○○○○○○○’s pre-paid account for expenses for management and maintenance. The Defendants received personnel expenses in a manner of bypassing in the name of expenses for management and maintenance irrelevant to the original purpose. From around 2002 to ○○○○○○○○○○○’s contract for the entrusted operation of a cafeteria. Since the introduction of each of the instant additional charges, it has been renewed every one year after concluding an agreement with ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s pre-paid contract for the entrusted operation of a cafeteria. In light of the fact that the Defendants did not directly indicate the fact that ○○○○○○○○○○○○○○○’s personnel expenses and did not have any specific provision for the payment of additional expenses, it is evident that each of the Defendants did not meet the requirements for the entrusted operation of the instant contract.

② Upon the commencement of the prosecutor’s investigation into the instant case, ○○○○○○○○○○, convened each point of view, discussed countermeasures, distributed data deletion programs, and attempted to destroy evidence on a systematic basis. In response to the fact that contact with the dietitians and cooks belonging to the hospital and informed him of the answer in preparation for the case to be investigated by the investigation agency, the full amount of the additional dues received may be recovered if the fact of compensating for the personnel expenses is discovered in the course, and that some dietitians (Nonindicted 30) were employed from the hospital (Evidence No. 6,142 of the evidence record), and Nonindicted 16 requested a false statement to the effect that the cost of managing and maintaining the hospital facilities is the name of the hospital facility usage fee (Evidence No. 5,707 of the evidence record). In light of the fact that the Defendants, other than the legal experts, could have been aware that each of the instant additional dues supply and demand act could have been a criminal act.

③ While improving the quality of patient food insurance benefits and the additional charges of this case were introduced to the effect that the hospital directly employs a dietitian or cook, which is a professional human resource, there was a lot of press reports from the media to the effect that the hospital's early interest in the medical industry was expected to be selected as 1st news in 2006, and that the hospital's complaint was raised. Defendant 3 also made a well-known statement about the food insurance benefits. Also, according to the statement "documents responding to the ○○○○ Ordinance on Hospital Meal Benefits" prepared by Defendant 8 on June 1, 2006, the first statement was made by Nonindicted Party 6 to the effect that the demand for additional charges was made by the media, but the first statement made by Nonindicted Party 6 to the effect that the demand for additional charges was not made within the scope of 1st June 2006, the second statement made by Nonindicted Party 1 was made to the effect that there was no objective reason for the amendment of the additional charges.

④ In particular, in the case of the Gangseo-gu Hospital and the Eunpyeong-gu Hospital, Nonindicted 32, the store manager of the Gangseo-gu Hospital, directly reported to the head office operating team of the hospital and provided false registration to the hospital by lending his license and the hospital.

⑤ Article 52(1) of the National Health Insurance Act does not require submission of false data or active concealment of facts, but includes all acts of claiming and receiving medical care benefit costs (see, e.g., Supreme Court Decision 2008Du3975, Jul. 10, 2008). Thus, the Defendants’ defense counsel’ assertion to the effect that the crime of fraud is constituted or of deception is committed only when there is explicit submission of false data or concealment of facts.

2. Determination on Defendant 1’s defense counsel’s assertion

A. Summary of the assertion

In the case of Defendant 1, it constitutes a separate crime before and after the dispatch time of China, which is excluded from hospital meal service, and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) cannot be applied because the amount of profit does not exceed 500 million won.

B. Determination

According to the records, it is recognized that Defendant 1, who was in the position of the head of the FS Project, who is in charge of providing hospital patients, receiving entrusted operation contracts, and operating affairs, had been dispatched from a Chinese superior corporation for five months from May 16, 2011 to October 16, 201 during the criminal facts of this case. However, as seen above, the crime of this case was not committed by Defendant 1, but committed a crime of this case by ○○○○○○○○○○’s act of getting the same number of hospitals with multiple hospitals over six years in accordance with organized and consistent policies at the company level, and Defendant 1 was engaged in the same work as the person in charge of ○○○○○○○○○○○○○○○○○ for six years in total, and was returned to the same work immediately after completion of the dispatch for five months in the middle, and thereafter he cannot be viewed as having been in charge of the same work for two years or more after returning to the same work. Thus, Defendant 1’s defense counsel’s assertion is without merit.

(a) Scope of applicable sentences under Acts: Imprisonment with prison labor for a period of one year and six months from June to twenty years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime <2. Group 3 (at least 500 million won, less than five billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General Sentencing] In the event that most of the criminal proceeds have not been consumed and kept, there is no record of criminal punishment (requirements for mitigation), and evidence after the crime has been committed or attempted to conceal or conceal (Aggravated element).

[Scope of Recommendation] Reduction Area (two years of imprisonment to five years)

(c) Determination of sentence: Imprisonment for 2 years; and

[Unfavorable circumstances] ① The instant crime was committed under an agreement between ○○○○○○○○○○○○○○○○○○○, a entrusted meal service operator in Korea, to pay personnel expenses between a large number of large hospitals, and actually, despite the fact that the ○○○○○○○○○○○○○○ employed and directed and supervised a dietitian, cook, and created the appearance of the hospital to be under his control, and thereby creating a dietitian, cook, additional dues, and selective type additional dues from the hospital. The method of the crime is considerably disturbed, and is organized and specialized; ② the crime was not good; ② the case of causing property damage to the National Health Insurance Corporation and the patients using the weak point of the patient food insurance benefit system; ③ ultimately, the instant crime was committed; ③ ultimately, the harm inflicted upon the patient’s quality and health; ④ the Defendant was involved in the destruction of evidence using the file deletion program at the time of search and seizure to the prosecution; ⑤ the Defendant was involved in the total amount of KRW 200 million during the period of fraud and the total amount of the crime.

[Liet circumstances] ① an employee of ○○○○○○○, who committed the instant crime in the course of performing his duties, did not personally gain any profit due to the instant crime; ② deposit the full amount of the acquired money specified prior to the amendment of the final bill of indictment by the △△△△ Hospital, which appears to have been almost recovered from the damage caused by the instant crime; ③ As a crime that began before the enforcement of the additional dues system or criminal punishment was fully conducted, the criminal intent for the acquisition of deceptive and unlawful benefit seems to be relatively weak compared to the acquisition of other insurance benefits; ④ the Defendant’s mistake and reflects his fault; ⑤ the primary crime that had no criminal record.

2. Defendant 2

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime> 2. Group 3 (at least 500 million won, but less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General Sentencing] In the event that most of the criminal proceeds have not been consumed and kept, there is no record of criminal punishment (requirements for mitigation), and evidence after the crime has been committed or attempted to conceal or conceal (Aggravated element).

[Scope of Recommendation] Reduction Area (one year to four years of imprisonment)

* A type shall be determined on the basis of the aggregate of the amount of profit according to the method of processing the same concurrent crimes, and 1/3 of the lower limit of the scope of sentence shall be mitigated depending on the type 1 increase in the

(c) Determination of sentence: Imprisonment with prison labor for eighteen years and six months;

[Unjustifiable circumstances] The defendant was a person who was employed as the head of the hospital operation team belonging to ○○○○○○, from August 1, 2009 to the maximum amount of money obtained by deceit amounting to a total of KRW 3.6 billion and up to about four years that the period of the crime is long.

[Compensatory circumstances] The conditions favorable to Defendant 1 (1) through (5)

3. Defendant 3

(a) Scope of applicable sentences under Acts: Imprisonment with prison labor for a period of one year and six months from June to twenty years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime <2. Group 3 (at least 500 million won, less than five billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[Scope of Recommendation] Reduction Area (two years of imprisonment to five years)

(c) Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

[Unfavorable circumstances] ① The instant crime committed an agreement between ○○○○○ Shipbuilding, which is an entrusted meal service operator, by using the blick point of the patient food insurance benefit system, to pay personnel expenses bypass. Despite the actual fact that the ○○○○○ Shipbuilding employed and supervised a dietitian, a cook, the hospital employed a dietitian, a cook, and caused property damage to the National Health Insurance Corporation and the patients, and the hospital received additional dues from the hospital, and received personnel expenses and additional dues from ○○○ Shipbuilding, and received double profits. ② The crime of this case is not good, ② The crime of this case is ultimately causing a decrease in the quality of the patient, ③ The crime of this case was committed by the defendant, who is a social model as the head of a large hospital, aggravated the burden of the National Health Insurance Corporation and the patients for a long time (in particular, the defendant is more than 30 billion won, a person who has been responsible for the total amount of 90 won and 160 billion won in order of the commencement of the Incheon Hospital, and is more than 190 billion won.

[Liet circumstances] ① deposited all the specific defrauded money prior to the amendment of the final indictment; ② was suspended from being compensated for personnel expenses in the name of management and maintenance expenses by himself from October 2012, before the investigation of this case was commenced; ③ lack of publicity by the National Health Insurance Corporation concerning the criteria for payment of additional charges of this case, neglect of management is likely to have an impact on the occurrence of this case and the spread of damage; ④ Defendant, the general supervisor of the hospital, seems to have failed to be aware of the illegality and seriousness of the instant crime; ④ The Defendant did not have any specific criminal power other than twice a minor fine; ⑤ Defendant operated by opening in order of the Incheon Hospital, Ydong Hospital, Madong Hospital, and Bupyeong-gu Hospital, etc., and made efforts to restore the hospital’s profits to society, such as awarding scholarships.

4. Defendant 4

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime> 2. Group 3 (at least 500 million won, but less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General Sentencing] No history of criminal punishment (requirements for Mitigation)

[Scope of Recommendation] Reduction Area (one year to four years of imprisonment)

* A type shall be determined on the basis of the aggregate of the amount of profit according to the method of processing the same concurrent crimes, and 1/3 of the lower limit of the scope of sentence shall be mitigated depending on the type 1 increase in the

(c) Determination of sentence: One year of imprisonment and three years of suspended sentence; and

In light of the above circumstances and favorable circumstances with respect to Defendant 3: ①, ② and ③ the same consideration shall be given to Defendant 3; in the case of Defendant, 840,361,250 won, which is less than the lower limit of the recommended sentence and the suspension of execution, considering the fact that the total amount of fraud is less than Defendant 3 and there is no previous conviction.

5. Defendant 5

(a) Scope of applicable sentences under Acts: Imprisonment with prison labor for a period of one year and six months from June to twenty years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime <2. Group 3 (at least 500 million won, less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General person who has not consumed most of criminal proceeds] If he/she fails to retain it, he/she shall not be subject to criminal punishment (requirements for mitigation).

[Scope of Recommendation] Reduction Area (two years of imprisonment to five years)

(c) Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of stay of execution (the sentence of a lower punishment and a stay of execution than the lowest sentence of recommendation considering the following circumstances):

[M] As seen earlier, the crime of this case is not good, and the defendant is a person who served as a planning office having overall control over the administrative affairs of the Hodong Hospital from around August 10, 2006 and is delegated by the defendant 3 and moves to the execution by a direct agreement on the structure, method, and method of each of the additional charges of this case between the defendant 3 and the ○○○○○ Department with the authority delegated by the defendant 1,026,948,130 won, and is subject to the application of the crime of violation of the Act on the Punishment, etc. of Specific Economic Price (Fraud).

[Sluri circumstances] The fact that the money obtained by the defrauded was deposited in full prior to the change of the final indictment by the hospital, the fact that he/she is participating in the crime in the course of performing his/her duties while working as the head of the hospital planning office, and he/she does not have any profit directly acquired from the crime

6. Defendant 6

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime> 2. Group 3 (at least 500 million won, but less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General person who has not consumed most of criminal proceeds] If he/she fails to retain it, he/she shall not be subject to criminal punishment (requirements for mitigation).

[Scope of Recommendation] Reduction Area (one year to four years of imprisonment)

* A type shall be determined on the basis of the aggregate of the amount of profit according to the method of processing the same concurrent crimes, and 1/3 of the lower limit of the scope of sentence shall be mitigated depending on the type 1 increase in the

(c) Determination of sentence: One year of imprisonment and two years of suspended sentence (the sentence of a lower sentence and a suspended execution than the lower limit of the recommended sentence in consideration of the following circumstances):

[M] As seen earlier, the Defendant took part in the instant crime, such as: (a) from March 2009 to March 2009, who was in charge of administrative work in the planning room of the Bupyeong-gu Hospital; and (b) was employed as the head of the planning office in charge of overall administration of the same hospital from around September 2009 to be in charge of administrative work; and (c) was indirectly paid by ○○ Rig for the management and maintenance cost of personnel expenses.

[Slurie circumstances] The above facts are identical to the favorable circumstances in favor of Defendant 5, but the amount of the fraud involved is less than KRW 567,080,230, which is less than Defendant 5

7. Defendant 7

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime> 2. Group 3 (at least 500 million won, but less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General person who has not consumed most of criminal proceeds] If he/she fails to retain it, he/she shall not be subject to criminal punishment (requirements for mitigation).

[Scope of Recommendation] Reduction Area (one year to four years of imprisonment)

* A type shall be determined on the basis of the aggregate of the amount of profit according to the method of processing the same concurrent crimes, and 1/3 of the lower limit of the scope of sentence shall be mitigated depending on the type 1 increase in the

(c) Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

[Until November 25, 2002, from May 31, 2008 to May 31, 2008, the defendant is a head of the planning office who exercises overall control over the administrative affairs of the Incheon Bupyeong Hospital. From then to April 30, 2009, he is a person who has worked as a head of the planning office who exercises overall control over the administrative affairs of the Bupyeong Bupyeong Hospital. Upon the delegation of the head of each hospital, he directly agreed on the structure and method of the crime of acquiring the additional dues of this case and moved to the execution. In particular, the defendant was a person who has overall control over the administrative affairs from the opening of the Incheon Hospital, and was the person who created, conspired to obtain the additional dues of this case from November 25, 2002 to May 31, 2008, and the defendant directly participated in the conclusion of the contract to pay the wages to the ○○○○ Hospital, and the amount of the defendant directly participated in the contract to directly purchase the additional dues of this case with the head of each hospital.

【Ligue circumstances】 The same as the favorable circumstances in favor of Defendant 5 above

8. Defendant 8

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime> 2. Group 3 (at least 500 million won, but less than 5 billion won)

In a case where considerable damage has been recovered, where the degree of deception is weak (requirements for Mitigation), or where the crime was committed for unspecified or multiple victims or repeatedly over a considerable period of time (Aggravated factor).

[General person who has not consumed most of criminal proceeds] If he/she fails to retain it, he/she shall not be subject to criminal punishment (requirements for mitigation).

[Scope of Recommendation] Reduction Area (one year to four years of imprisonment)

* A type shall be determined on the basis of the aggregate of the amount of profit according to the method of processing the same concurrent crimes, and 1/3 of the lower limit of the scope of sentence shall be mitigated depending on the type 1 increase in the

(c) Determination of sentence: One year of imprisonment and two years of suspended sentence (the sentence of a lower sentence and a suspended execution than the lower limit of the recommended sentence in consideration of the following circumstances):

[Unjustifiable circumstances] Defendant 1’s unfavorable circumstances (1), (2), (3) the same as the above, and the defendant served as the head of the hospital operation team within ○○○○○○, from October 12, 2004 to February 1, 2008, and who was in contact with a large number of hospitals from the beginning of the crime of this case, is the working-level staff of ○○○, who was transferred to the execution after consultation.

[Lied circumstances] The degree of participation in the crime is relatively small, in comparison with Defendant 1’s favorable circumstances (such as ① to ⑤ the same, Defendant 1, and Defendant 2, the level of fraud (total of KRW 674,306,190).

9. Defendants 9 and 10

(a) Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

(b) Determination of sentence: Decision of a fine of 20 million won (hereinafter referred to as “decision of fine”) each; and

[Unjustifiable circumstances] A extenuating circumstances against Defendant 3 (However, in the case of Defendant 9, gross amount of KRW 267,168,270 and KRW 186,565,720 in the case of Defendant 10)

[Liurie circumstances] Defendant 3’s favorable circumstances (i.e., ①, ② the same as (iii), Defendant 9 succeeded to Defendant 3 and Defendant 4 after September 201, and Defendant 10 was appointed to the head of the Incheon △ Hospital. Since June 201, Defendant 10 was only a person who was appointed to the head of the Bupyeong-gu Hospital. Around May 2006 at the Incheon △ Hospital, the first installation of the structure of the crime of receiving each of the additional charges of this case was followed, and the Defendants were the first offender.

10. Defendants 11, 12, 13, 14, and 15

(a) Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

B. Determination of sentence: each of the fines of KRW 10 million against Defendant 11, Defendant 12, Defendant 13, and Defendant 15, and the fine of KRW 12 million against Defendant 14 (the following shall be taken into account, but the following circumstances shall be taken into account, taking into account the amount of fraud by each of the Defendants)

[Unfavorable circumstances] The Defendants served as the head of each planning office of the △ Hospital, and as seen earlier, the Defendants are not guilty of committing the instant crime.

[Sluri circumstances] The above facts are the same as the favorable circumstances of Defendant 5, Defendant 11, Defendant 12, and Defendant 13 merely maintained each of the additional charges of this case after the former head of the planning office followed the structure of acquiring the additional charges of this case, and Defendant 14 and Defendant 15 as well as the head of the planning office around November 2009 and around June 2006, each of them was first established with the planning office around May 2006 after being appointed to the planning office for a considerable period of time.

11. Defendant 16

(a) The scope of applicable sentences under law: Fines of 50,000 to 20 million won; and

(b) Determination of sentence: Fines of 10 million won;

[M] Defendant 1’s favorable circumstances (i) to (iv) the same as that of Defendant 1, and the Defendant was employed as the team leader of the hospital operation team in ○○○○○○○○ from July 16, 2010 to September 2, 2013, and was involved in the crime of acquiring additional money by fraud of the said hospital while managing △△△△△ Hospital, △△△ Hospital, △△ Hospital, and Dom

[Compensatory circumstances] Defendant 1’s favorable circumstances (i.e., the same as (iv) the same person, Defendant 1, Defendant 2, and Defendant 8; (ii) the degree of participation in the crime is relatively minor; and (iii) there are no particular criminal records, other than twice a fine for minor species of a fine.

Judges Park Jin-jin (Presiding Judge)

Note 1) However, the defense counsel in ample-, ample-, ample-, ample-, and ample-, a law firm, only

(2) At the time, Defendant 7 had been working in the △△△△△ Community (an enterprise supporting the administrative affairs of the △△ Hospital and continued to exist before the establishment of a medical service-related provision prohibiting a network hospital). However, Defendant 7 appears to have signed as the second-class appraiser only formally without being well aware of the operational status of the cafeteria.

3) In the case of Do governor hospitals, the fixed amount calculated on the basis of the salary was preserved every month.

주4) 초과근무수당을 ‘초과근무로 인한 잡급’으로 기재하여 전도금에서 집행되도록 하였는바, ○○리조트가 위탁운영하는 또 다른 대형병원인 ◎◎◎◎병원의 점장인 공소외 66에 따르면, “잡급은 일용 파출부를 사용할 때 발생하는 것인데 병원 소속 영양사, 조리사에게 잡급을 주면서 일을 시키지 않는다”고 한다.

Note 5) A dietitian and a cook listed under the hospital also weared ○○ cook’s uniforms of cooking.

6) The witness Nonindicted 56 prepared a letter that he did not know to the chief of the hospital’s planning office. However, it is reasonable to deem that he prepared and ordered the above letter to the chief of the point, recognizing that he was the person who has the authority to reprimand over surplus utilization of the book as his command and supervisor.

7) The type of concurrent crimes is the same even if they are combined.

8) The type of concurrent crimes is the same even if they are combined.

9) The type of concurrent crimes is the same even if they are combined.